Meeting Packet — Energy, Communications & Cybersecurity Subcommittee (March 7, 2023)
Summary
Meeting packet for the Energy, Communications & Cybersecurity Subcommittee of the Florida House of Representatives Commerce Committee, Tuesday, March 7, 2023, 12:45 pm – 3:45 pm, Reed Hall (102 HOB). The agenda lists HB 529 Natural Gas Fuel Taxes by Mooney, HB 669 Resiliency Energy Environment Florida Programs by Fine, HB 745 Emergency Communications by McFarland, and HB 7001 OGSR/Nationwide Public Safety Broadband Network. The staff analysis of HB 529 says the bill provides for a 2-year delay of natural gas fuel taxes that would otherwise take effect January 1, 2024, changing the date to January 1, 2026.
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Energy, Communications &
Cybersecurity Subcommittee
Tuesday, March 7, 2023
12:45 pm – 3:45 pm
Reed Hall (102 HOB)
Meeting Packet
Paul Renner Mike Giallombardo
Speaker Chair
The Florida House of Representatives
Commerce Committee
Energy, Communications & Cybersecurity Subcommittee
Paul Renner Mike Giallombardo
Speaker Chair
Meeting Agenda
Tuesday, March 7, 2023
12:45 pm – 3:45 pm
Reed Hall (102 HOB)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• HB 529 Natural Gas Fuel Taxes by Mooney
• HB 669 Resiliency Energy Environment Florida Programs by Fine
• HB 745 Emergency Communications by McFarland
• HB 7001 OGSR/Nationwide Public Safety Broadband Network by Ethics,
Elections & Open Government Subcommittee, Yarkosky
V. Closing Remarks
VI. Adjournment
303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 529
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 529 Natural Gas Fuel Taxes
SPONSOR(S): Mooney and others
TIED BILLS: IDEN./SIM. BILLS: SB 322
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Energy, Communications & Cybersecurity Walsh Keating
Subcommittee
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
Prior to 2014, owners or operators of Florida-licensed motor vehicles powered by natural gas fuels were
required to pay an annual decal fee for each such vehicle. In 2013, the Legislature passed a bill to “help
reduce transportation costs in this state and encourage freight mobility investments that contribute to the
economic growth of the state.” To accomplish these goals, the bill created a 5-year rebate program for certain
costs involved in the conversion, purchase, or lease of natural gas fuel fleet vehicles, eliminated the annual
decal fees for natural gas vehicles, and created a new tax structure whereby natural gas fuels would be taxed
on a per unit basis beginning January 1, 2019. In 2018, the legislature delayed the start date of this new tax
structure by an additional 5 years to January 1, 2024. Accordingly, natural gas fuels have not been subject to
state fuel taxes since January 1, 2014.
The bill provides for a 2-year delay of the imposition of natural gas fuel taxes that would otherwise go into
effect January 1, 2024. The bill changes the effective date of the imposition of these taxes to January 1, 2026.
To conform to the delayed imposition of these taxes, the bill:
Extends by 2 years (from December 31, 2023, to December 31, 2025) the expiration of the current flat
penalty scheme that applies to any person who acts as a natural gas retailer without a valid natural gas
fuel retailer license, and delays by 2 years (from January 1, 2024, to January 1, 2026) the effective date
of a new penalty scheme that is based on a percentage of the tax assessed during the period of
unlicensed operations.
Delays by 2 years (from February 2024 to February 2026) the date by which natural gas fuel retailers
must file monthly reports with DOR for the purpose of determining the amount of natural gas fuel taxes
imposed.
The bill delays by 2 years the imposition of natural gas fuel taxes until January 1, 2026, resulting in delayed
collection of revenues from the taxes.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Taxation of Natural Gas Fuel
Pre-2014
Prior to 2014, natural gas fuels such as compressed natural gas (CNG) and liquid petroleum gas (LPG)
were defined in Florida law as “alternative fuels” when used to fuel motor vehicles. 1 In lieu of the excise
tax imposed on diesel fuel under the law, owners or operators of Florida-licensed motor vehicles
powered by alternative fuels were required to pay an annual decal fee for each such vehicle.2 These
annual fees ranged from $199.10 to $380.10 per vehicle, depending on the vehicle’s size and weight. 3
The sale of alternative fuels also was subject to sales tax imposed under ch. 212, F.S. 4
With certain exceptions, Florida law prohibited a person from acting as a retailer of alternative fuel
unless that person held a valid license as a retailer of alternative fuel issued by the Department of
Revenue (DOR).5 Any person acting as such without a license was subject to a penalty of 25 percent of
the tax assessed on total purchases during the unlicensed period. 6 Every person who operated as a
retailer of alternative fuel, with certain exceptions, was required to report monthly to DOR and pay tax
on all fuel purchases.7
Revenues from the annual decal fees were deposited into the State Alternative Fuel User Fee Clearing
Trust Fund.8 After deducting a specified service charge, the proceeds in the trust fund were distributed
as follows:
One-half of the proceeds to the State Transportation Trust Fund (STTF).
50 percent of the remainder to the State Board of Administration for distribution in accordance
with the Florida Constitution.
25 percent of the remainder to the Revenue Sharing Trust Fund for Municipalities.
25 percent of the remainder to the counties for specified public transportation purposes,
distributed as provided by law.
Current Law
In 2013, the Legislature passed CS/CS/HB 579 to ““help reduce transportation costs in this state and
encourage freight mobility investments that contribute to the economic growth of the state.” 9 To
accomplish these goals, the bill created a 5-year rebate program for natural gas fuel fleet vehicles and
exempted natural gas fuels from state fuel taxes for 5 years. The Natural Gas Fuel Fleet Vehicle
Rebate program provided $6 million per fiscal year, from FY 2013-14 through FY 2017-18, to fund
rebates for the purchase, conversion, or lease of natural gas fuel fleet vehicles. Further, effective
January 1, 2014, the bill eliminated the annual decal fee for natural gas vehicles. The 2013 bill
replaced it with a new tax structure that creates a “per motor fuel equivalent gallon” tax rate to become
1 S. 206.86(4), F.S. (2012).
2 S. 206.877, F.S. (2012). The excise tax imposed on diesel fuel was applied to the purchase of alternative fuels by
operators of vehicles licensed in other states.
3 See Use of Natural Gas Fuels to Operate Motor Vehicles is Increasing in Florida, Office of Program Policy Analysis &
Government Accountability, Report No. 17-10 (Oct. 2017), at p. 4.
4 Id.
5 S. 206.89, F.S. (2012).
6 Id.
7 Id.
8 S. 206.879, F.S. (2012).
9 Ch. 2013-198, Laws of Fla.
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effective January 1, 2019. 10 In 2018, the legislature delayed the effective date of these taxes to
January 1, 2024.
Pursuant to the current structure, the following taxes will be imposed on natural gas fuel11 effective
January 1, 2024:12
An excise tax of 4 cents upon each motor fuel equivalent gallon 13 of natural gas fuel.
An additional tax of 1 cent upon each motor fuel equivalent gallon of natural gas fuel, which is
designated as the “ninth-cent fuel tax.”
An additional tax of 1 cent on each motor fuel equivalent gallon of natural gas fuel by each
county, which is designated as the “local option fuel tax.”
An additional tax on each motor fuel equivalent gallon of natural gas fuel, designated as the
“State Comprehensive Enhanced Transportation System (SCETS) Tax.” The tax rate must be
determined by DOR each calendar year, rounded to the nearest tenth of a cent, for the following
12-month period beginning January 1. The rate is calculated by adjusting the “initially
established tax rate of 5.8 cents per gallon” by the percentage change in the average of the
Consumer Price Index issued by the United States Department of Labor for the most recent 12-
month period ending September 30.
An additional tax on each motor fuel equivalent gallon of natural gas fuel “for the privilege of
selling natural gas fuel,” designated as the “fuel sales tax.” The tax rate must be determined by
DOR each calendar year, rounded to the nearest tenth, for the following 12-month period
beginning January 1. The rate is calculated by adjusting the “initially established tax rate of 9.2
cents per gallon” by the percentage change in the average of the Consumer Price Index issued
by the United States Department of Labor for the most recent 12-month period ending
September 30.
In sum, prior to any of the required annual index-based adjustments by DOR, natural gas fuel will be
taxed at a rate of at least $0.21 cents per motor fuel equivalent gallon beginning January 1, 2024.14
Revenues from the natural gas fuel tax will be deposited into the State Alternative Fuel User Fee
Clearing Trust Fund to be distributed as follows:15
The revenues from the SCETS tax and fuel sales tax will be transferred to the STTF.
The revenues from the excise tax will be distributed as follows:
o 50% will be transferred to the State Board of Administration for distribution in
accordance with the Florida Constitution.
o 25% will be transferred to the Revenue Sharing Trust Fund for Municipalities.
o 25% will be distributed to the counties for specified public transportation purposes,
distributed as provided by law.
The revenues from the ninth-cent fuel tax and the local option sales tax will be deposited into
the Local Alternative Fuel User Fee Clearing Trust Fund and returned monthly to the
appropriate counties.
10 Id. The provisions of the bill related to taxation of natural gas fuel are codified as Part V of Ch. 206, F.S., consisting of
Ss. 206.9951 – 206.998, entitled “NATURAL GAS FUEL.”
11 “Natural gas fuel” is defined as “any liquefied petroleum gas product, compressed natural gas product, or combination
thereof used in a motor vehicle as defined in s. 206.01(23). This term includes, but is not limited to, all forms of fuel
commonly or commercially known or sold as natural gasoline, butane gas, propane gas, or any other form of liquefied
petroleum gas, compressed natural gas, or liquefied natural gas. This term does not include natural gas or liquefied
petroleum placed in a separate tank of a motor vehicle for cooking, heating, water heating, or electric generation. ” S.
206.9951(2), F.S.
12 S. 206.9955, F.S.
13 “Motor fuel equivalent gallon” is defined as “the volume of natural gas fuel it takes to equal the energy content of 1
gallon of motor fuel.” s. 206.9951(1), F.S. The conversion rates for various types of natural gas fuels is provided in s.
206.9955, F.S.
14 The law is unclear as to whether the index-based adjustments were to begin with the effective date of the law (January
1, 2014) or the effective date of the new tax rates (January 1, 2024).
15 S. 206.997, F.S.
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The law provides that until December 31, 2023, any person acting as a natural gas retailer without a
valid license to do so must pay a penalty of $200 for each month of operation without a license.
Effective January 1, 2024, the penalty becomes 25 percent of the tax assessed on total purchases
made during the unlicensed period.16 In addition, the law requires natural gas fuel retailers to submit
an electronic, monthly report to DOR, beginning February 2024 and monthly thereafter, showing
information on inventory, purchases, nontaxable disposals, table uses, and taxable sales in gallons of
natural gas fuel for the preceding month, with certain exceptions and a specified deduction for services
rendered and expenses incurred in complying with the reporting requirements. 17
State Gasoline and Diesel Taxes
Motor Fuel18
Florida law provides for the following taxes on motor fuel:19
An excise or license tax of 2 cents per net gallon of motor fuel, designated as the “constitutional
fuel tax.”
An additional 1 cent per net gallon, designated as the “county fuel tax.”
An additional 1 cent per net gallon, designated as the “municipal fuel tax.”
An additional tax of 1 cent per net gallon may be imposed by each county, designated as the
“ninth-cent fuel tax.”
An additional tax of between 1 and 11 cents per net gallon may be imposed by each county,
designated as the “local option fuel tax.”
An additional tax per net gallon of motor fuel is imposed by each county, designated as the
SCETS Tax, at a rate calculated by applying specified index-based adjustments to a rate
specified in the law.
An additional tax per net gallon is imposed “on the privilege of selling motor fuel”, designated as
the “fuel sales tax,” at a rate calculated by applying specified index-based adjustments to an
initial rate established in the law.
An additional 0.125 cents per net gallon for defraying expenses incident to inspecting, testing,
and analyzing motor fuel in this state.
Beginning January 1, 2023, the state tax rate on motor fuel is 20.2 cents per gallon, the SCETS tax rate
on motor fuel is 8.6 cents, and the fuel sales tax rate on motor fuel is 15.1 cents. The local option rate
varies by county, and the total state and county rates on motor fuel varies from 35.2 cents to 41.3 cents
per gallon.20
Diesel Fuel21
Florida law provides for the following taxes on diesel fuel: 22
An excise tax of 4 cents per net gallon of diesel fuel.
An additional 1 cent per net gallon is imposed by each county, designated as the “ninth-cent
fuel tax.”
16 S. 206.9952(3), F.S.
17 S. 206.996, F.S.
18 “Motor fuel” is defined as “all gasoline products or any product blended with gasoline or any fuel placed in the storage
supply tank of a gasoline-powered motor vehicle.” S. 206.01(9), F.S.
19 S. 206.41(1), F.S,
20 Florida Department of Revenue, Tax Information Publication No. 22B05-06, Fuel Tax Rates Adjusted Beginning
January 1, 2023, (Nov. 17, 2022), available at: https://floridarevenue.com/taxes/tips/Pages/default.aspx.
21 “Diesel fuel” is defined as “all petroleum distillates commonly known as diesel #2, biodiesel, or any other product
blended with diesel or any product placed into the storage supply tank of a diesel -powered motor vehicle.” s. 206.86(1),
F.S.
22 S. 206.87(1), F.S.
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An additional 6 cents per net gallon is imposed by each county, designated as the “local option
fuel tax.”
An additional tax per net gallon is imposed in each county, designated as the SCETS Tax, at a
rate equal to the maximum SCETS Tax rate for motor fuel.
An additional tax per net gallon “on the privilege of selling diesel fuel,” designated as the “fuel
sales tax,” at a rate calculated by applying specified index-based adjustments to an initial rate
established in the law.
Beginning January 1, 2023, the state tax rate on diesel fuel is 20.2 cents per gallon and the county tax
rate (ninth cent, SCETS, and local option rates) is 15.9 cents statewide. The total state and county
rates on diesel fuel is 36.1 cents per gallon.23
Effect of Proposed Changes
The bill provides for a 2-year delay of the imposition of natural gas fuel taxes that would otherwise go
into effect January 1, 2024. The bill changes the effective date of the imposition of these taxes to
January 1, 2026. Thus, state fuel taxes will not apply to natural gas fuels for an additional 2 years.
To conform to the delayed imposition of these taxes, the bill:
Extends by 2 years (from December 31, 2023, to December 31, 2025) the expiration of the
current flat penalty scheme that applies to any person who acts as a natural gas retailer without
a valid natural gas fuel retailer license, and delays by 2 years (from January 1, 2024, to January
1, 2026) the effective date of a new penalty scheme that is based on a percentage of the tax
assessed during the period of unlicensed operations.
Delays by 2 years (from February 2024 to February 2026) the date by which natural gas fuel
retailers must file monthly reports with DOR for the purpose of determining the amount of
natural gas fuel taxes imposed.
The bill provides an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1. Amends s. 206.9952, F.S., relating to licensing of natural gas fuel retailers.
Section 2. Amends s. 206.9955, F.S., relating to the levy of natural gas fuel tax.
Section 3. Amends s. 206.996, F.S., relating to monthly reports by natural gas fuel retailers.
Section 4. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
On February 3, 2023, the Revenue Estimating Conference adopted a negative fiscal impact of
$200,000 to state revenues for fiscal year (FY) 2023-2024, $700,000 for FY 2024-2025, and
$500,000 for FY 2025-2026. 24
2. Expenditures:
23 Supra note 20.
24 Office of Economic and Demographic Research, Revenue Estimating Conference, 02/03/2023 Revenue Impact
Results, p. 39, available at http://edr.state.fl.us/content/conferences/revenueimpact/index.cfm.
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None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
On February 3, 2023, the Revenue Estimating Conference adopted a negative fiscal impact of
$100,000 to local revenues for FY 2023-2024, $200,000 for FY 2024-2025, and $100,000 for FY
2025-2026.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Owners or operators of natural gas vehicles will achieve cost savings, because the bill delays by 2
years the imposition of natural gas fuel taxes until January 1, 2026.25
D. FISCAL COMMENTS:
Current law provides that the SCETS tax rate and the fuel sales tax rate for natural gas fuels must be
calculated annually by DOR through index-based adjustments to an initial rate established in the law.
The law is not clear as to when those index-based adjustments must begin and could be interpreted to
require such adjustments either from the time the law became effective or from the time the taxes
become effective. An estimate of the bill’s fiscal impact will depend upon the interpretation of these
provisions.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to: require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Current law provides that the SCETS tax rate and the fuel sales tax rate for natural gas fuels must be
calculated annually by DOR through index-based adjustments to an initial rate established in the law.
The law is not clear as to when these index-based adjustments must begin and could be interpreted to
require such adjustments either from the time the law became effective or from the time the taxes
become effective. The bill does not amend these provisions of the law. To ensure that the intended tax
rate becomes effective at the intended time, this ambiguity could be clarified.
25 Id.
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IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 529 2023
1 A bill to be entitled
2 An act relating to natural gas fuel taxes; amending s.
3 206.9952, F.S.; extending the expiration date for
4 levying penalties on natural gas retailers that do not
5 have licenses; conforming provisions to changes made
6 by the act; amending s. 206.9955, F.S.; delaying the
7 effective date of certain taxes on natural gas fuel;
8 amending s. 206.996, F.S.; conforming a provision to
9 changes made by the act; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsections (3) and (8) of section 206.9952,
14 Florida Statutes, are amended to read:
15 206.9952 Application for license as a natural gas fuel
16 retailer.—
17 (3)(a) Any person who acts as a natural gas retailer and
18 does not hold a valid natural gas fuel retailer license shall
19 pay a penalty of $200 for each month of operation without a
20 license. This paragraph expires December 31, 2025 2023.
21 (b) Effective January 1, 2026 2024, any person who acts as
22 a natural gas fuel retailer and does not hold a valid natural
23 gas fuel retailer license shall pay a penalty of 25 percent of
24 the tax assessed on the total purchases made during the
25 unlicensed period.
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26 (8) With the exception of a state or federal agency or a
27 political subdivision licensed under this chapter, each person,
28 as defined in this part, who operates as a natural gas fuel
29 retailer shall report monthly to the department and pay a tax on
30 all natural gas fuel purchases beginning January 1, 2026 2024.
31 Section 2. Section 206.9955, Florida Statutes, is amended
32 to read:
33 206.9955 Levy of natural gas fuel tax.—
34 (1) The motor fuel equivalent gallon means the following
35 for:
36 (a) Compressed natural gas gallon: 5.66 pounds, or per
37 each 126.67 cubic feet.
38 (b) Liquefied natural gas gallon: 6.06 pounds.
39 (c) Liquefied petroleum gas gallon: 1.35 gallons.
40 (2) Effective January 1, 2026 2024, the following taxes
41 shall be imposed:
42 (a) An excise tax of 4 cents upon each motor fuel
43 equivalent gallon of natural gas fuel.
44 (b) An additional tax of 1 cent upon each motor fuel
45 equivalent gallon of natural gas fuel, which is designated as
46 the "ninth-cent fuel tax."
47 (c) An additional tax of 1 cent on each motor fuel
48 equivalent gallon of natural gas fuel by each county, which is
49 designated as the "local option fuel tax."
50 (d) An additional tax on each motor fuel equivalent gallon
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51 of natural gas fuel, which is designated as the "State
52 Comprehensive Enhanced Transportation System Tax," at a rate
53 determined pursuant to this paragraph. Before January 1, 2026
54 2024, and each year thereafter, the department shall determine
55 the tax rate applicable to the sale of natural gas fuel for the
56 following 12-month period beginning January 1, rounded to the
57 nearest tenth of a cent, by adjusting the tax rate of 5.8 cents
58 per gallon by the percentage change in the average of the
59 Consumer Price Index issued by the United States Department of
60 Labor for the most recent 12-month period ending September 30,
61 compared to the base year average, which is the average for the
62 12-month period ending September 30, 2013.
63 (e)1. An additional tax is imposed on each motor fuel
64 equivalent gallon of natural gas fuel for the privilege of
65 selling natural gas fuel. Before January 1, 2026 2024, and each
66 year thereafter, the department shall determine the tax rate
67 applicable to the sale of natural gas fuel, rounded to the
68 nearest tenth of a cent, for the following 12-month period
69 beginning January 1, by adjusting the tax rate of 9.2 cents per
70 gallon by the percentage change in the average of the Consumer
71 Price Index issued by the United States Department of Labor for
72 the most recent 12-month period ending September 30, compared to
73 the base year average, which is the average for the 12-month
74 period ending September 30, 2013.
75 2. The department is authorized to adopt rules and publish
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76 forms to administer this paragraph.
77 (3) Unless otherwise provided by this chapter, the taxes
78 specified in subsection (2) are imposed on natural gas fuel when
79 it is placed into the fuel supply tank of a motor vehicle as
80 defined in s. 206.01(23). The person liable for payment of the
81 taxes imposed by this section is the person selling or supplying
82 the natural gas fuel to the end user, for use in the fuel supply
83 tank of a motor vehicle as defined in s. 206.01(23).
84 Section 3. Subsection (1) of section 206.996, Florida
85 Statutes, is amended to read:
86 206.996 Monthly reports by natural gas fuel retailers;
87 deductions.—
88 (1) For the purpose of determining the amount of taxes
89 imposed by s. 206.9955, each natural gas fuel retailer shall
90 file beginning with February 2026 2024, and each month
91 thereafter, no later than the 20th day of each month, monthly
92 reports electronically with the department showing informati on
93 on inventory, purchases, nontaxable disposals, taxable uses, and
94 taxable sales in gallons of natural gas fuel for the preceding
95 month. However, if the 20th day of the month falls on a
96 Saturday, Sunday, or federal or state legal holiday, a return
97 must be accepted if it is electronically filed on the next
98 succeeding business day. The reports must include, or be
99 verified by, a written declaration stating that such report is
100 made under the penalties of perjury. The natural gas fuel
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101 retailer shall deduct from the amount of taxes shown by the
102 report to be payable an amount equivalent to 0.67 percent of the
103 taxes on natural gas fuel imposed by s. 206.9955(2)(a) and (e),
104 which deduction is allowed to the natural gas fuel retailer to
105 compensate it for services rendered and expenses incurred in
106 complying with the requirements of this part. This allowance is
107 not deductible unless payment of applicable taxes is made on or
108 before the 20th day of the month. This subsection may not be
109 construed as authorizing a deduction from the constitutional
110 fuel tax or the fuel sales tax.
111 Section 4. This act shall take effect July 1, 2023.
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HB 669
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 669 Resiliency Energy Environment Florida Programs
SPONSOR(S): Fine
TIED BILLS: IDEN./SIM. BILLS: SB 950
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Energy, Communications & Cybersecurity Keating Keating
Subcommittee
2) Local Administration, Federal Affairs & Special
Districts Subcommittee
3) Ways & Means Committee
4) Commerce Committee
SUMMARY ANALYSIS
In 2010, the Legislature provided specific authority for local governments to create Property Assessed Clean
Energy (PACE) programs to provide up-front financing for certain qualifying improvements. Under these
programs, property owners may apply to the local government for funding to finance a qualifying improvement
and voluntarily enter into a financing agreement with the local government. “Qualifying improvements” include
energy conservation and efficiency improvements, renewable energy improvements, and wind resistance
improvements to existing facilities. Property owners finance qualifying improvements through a non-ad valorem
assessment on their property. Local governments determine whether to offer a residential or commercial PACE
program, whether to administer the program directly or through a for-profit or not-for-profit administrator, or any
combination thereof.
The bill makes several changes to Florida’s PACE law, including:
Using the term “Resiliency Energy Environmental Florida (REEF) program” to refer to the programs
used in Florida to provide PACE financing for qualifying improvements;
Authorizing the use of PACE financing for refinancing and for improvements on new construction;
Modifying eligibility requirements;
Allowing the total of the mortgage-related debt and the amount of any PACE assessments on a
property to reach 100 percent of the property’s fair market value;
Requiring certain disclosures to be made to residential property owners prior to or at the time of signing
a PACE financing agreement;
Requiring certain disclosures to be made verbally, by telephone, prior to issuance of a notice to
proceed;
Establishing a maximum term for PACE assessments;
Prohibiting the use of certain financing tools through PACE;
Establishing provisions governing PACE program administrators’ enrollment and oversight of
contractors that install qualifying improvements on residential real property;
Prohibiting the use of certain terms in PACE marketing; and
Requiring an annual report from PACE program administrators.
The bill does not have a fiscal impact on state or local government.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Property Assessed Clean Energy (PACE) Programs
Generally, Property Assessed Clean Energy (PACE) laws enable local governments to establish
programs to provide financing for certain qualifying improvements on real property which reduce energy
consumption and increase energy efficiency. PACE allows individual property owners to contract
directly with qualified contractors for energy efficiency and renewable energy projects. The local
government issues revenue bonds and uses the proceeds to provide initial project funding, which
bonds are repaid by non-ad valorem assessments on participating property owners’ tax bills. 1 PACE
programs are active in 30 states plus Washington D.C., but only California, Florida, and Missouri offer
residential PACE programs.2
PACE in Florida
In 2010, the Legislature provided specific authority for local governments to create PACE programs. 3
The law4 provides supplemental authority to local governments 5 concerning qualified improvements to
residential and non-residential real property. The law provides that if a local government authorizes a
PACE program, property owners may apply to the local government for funding to finance a qualifying
improvement and voluntarily enter into a financing agreement with the local government. 6 “Qualifying
improvements” include energy conservation and efficiency improvements, renewable energy
improvements, and wind resistance improvements to existing facilities. 7
At least 30 days before entering into the financing agreement, the property owner must provide notice
to any mortgage holder or loan servicer of the intent to enter into the agreement, the maximum amount
to be financed, and the maximum annual assessment required to repay the amount.8 The law provides
that an acceleration clause for “payment of the mortgage, note, or lien or other unilateral modification
solely as a result of entering into a financing agreement … is not enforceable.” 9 However, the mortgage
holder or loan servicer may increase the required monthly escrow by an amount necessary to pay
annually the qualifying improvement assessment.
The law authorizes a local government to provide and finance qualifying improvements, levy a non-ad
valorem assessment to fund a qualifying improvement, incur debt to provide financing for qualifying
improvements, and collect costs incurred from financing qualifying improvements through a non-ad
valorem assessment. These non-ad valorem assessments are senior to existing mortgage debt,10 so if
the homeowner defaults on their mortgage or goes into foreclosure, the delinquent PACE assessment
payments may be recovered before the mortgage. Current law also specifies that a PACE program
may be administered by a for-profit entity or a not-for-profit organization on behalf of and at the
discretion of the local government.
1 For more information, see http://www.pacenation.org and http://floridapace.gov/ (last visited Mar. 5, 2023).
2
California offers residential PACE financing for improvements related to electric vehicle charging, infrastructure, energy ef ficiency,
renewable energy, seismic strengthening and water efficiency. Missouri offers PACE financing for improvements related to energy
efficiency and renewable energy. Additionally, Maine offers residential programs without holding a lien against properties. See PACE
Nation, PACE Programs https://www.pacenation.org/pace-programs/ (last visited Mar. 5, 2023).
3 Ch. 2010-139, Laws of Fla.
4 S. 163.08, F.S.
5 Section 163.08(2)(a), F.S., defines the term “local government” to mean a county, a municipality, a dependent special district as
defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7) (the Florida Interlocal Cooperation Act).”
6 S. 163.08(4), F.S.
7 S. 163.08(2)(b), F.S.
8 S. 163.08(13), F.S.
9 S. 163.08(15), F.S.
10 See ss. 125.01(1)(r), 170.01 and 170.09, F.S.
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In 2012, the Legislature expanded the definition of “local government” to allow a partnership of local
governments formed pursuant to the Florida Interlocal Cooperation Act11 to enter into a financing
agreement wherein the partnership, as a separate legal entity, imposes the PACE assessment. 12
Before entering into a financing agreement, the local government must reasonably determine that:
All property taxes and other assessments on the property are paid and have not been
delinquent for the preceding 3 years (or the property owner’s period of ownership, if less than 3
years);
There are no involuntary liens on the property, including, but not limited to, construction liens;
No notices of default or other evidence of property-based debt delinquency have been recorded
during the preceding 3 years (or the property owner’s period of ownership, if less than 3 years);
and
The property owner is current on all mortgage debt on the property.13
The total assessment cannot be for an amount greater than 20 percent of the just value of the property
as determined by the county property appraiser, unless consent is obtained from the mortgage
holders.14 Consideration of the property owner’s ability to repay the assessment is not required.
In Florida, local governments typically have multiple non-exclusive agreements with a number of PACE
providers. Generally, PACE providers are private companies that administer the local government’s
PACE program on behalf of the local government and provide funding from private sources. PACE
providers generally act as the program administrator for special districts created pursuant to an
interlocal agreement between two or more Florida local governments. Once the PACE district is
created, additional counties or municipalities may join the special district as members, authorizing the
PACE provider for the special district to administer PACE programs on behalf of the newly joined
members.15 PACE providers generally maintain a list of approved contractors authorized to provide
qualifying improvements.16
For example, Broward County authorizes the following PACE providers: 17
Counterpointe Energy Solutions administers a commercial PACE program for the Florida PACE
Funding District.
Berkadia administers a commercial PACE program the Florida Renewable Energy District.
CleanFund administers a commercial PACE program for the Florida Renewable Energy District.
Dividend Finance administers the “Dividend” Program for the Florida Renewable Energy
District.
FortiFi Financial administers a residential PACE program for the Florida PACE Funding Agency
District.
Greenworks Lending administers a commercial PACE program for the Florida Resiliency and
Energy District.
Lever Energy Capital administers a commercial PACE program for the Florida Resiliency and
Energy District.
Home Run Financing administers a residential PACE Program for the Florida PACE Funding
Agency District.
11 S. 163.01(7), F.S.
12 Ch. 2012-117, Laws of Fla.
13 S. 163.08(9), F.S.
14 S. 163.08(12)(a), F.S.
15 See, e.g., Green Corridor Property Assessed Clean Energy (PACE) District Town of Cutler Bay, Florida Financial Report for the
Fiscal Year Ended Sept. 30, 2020, at 13,
https://flauditor.gov/pages/specialdistricts_efile%20rpts/2020%20green%20corridor%20property%20assessment%20clean%20energy
%20(pace)%20district.pdf (last visited Mar. 5, 2023).
16 See, e.g., Sarasota County, PACE, https://www.scgov.net/government/uf-ifas-extension-and-sustainability/pace (last visited Mar.5,
2023).
17 Broward County, Property Assessed Clean Energy (PACE)
https://www.broward.org/Sustainability/Documents/PACEProviderList_2022.pdf (last visited Mar. 5, 2023).
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Rahill administers a commercial PACE program for the Florida Resiliency and Energy District.
Renew Financial administers PACE programs under the “RenewPACE” Program (residential
and commercial) for the Florida Green Finance Authority.
Structured Finance Associates administers a commercial PACE program for the Florida
Resiliency and Energy District.
Twain Financial Partners administers a commercial PACE program for the Florida Renewable
Energy District.
Local governments may choose whether to offer a residential or commercial PACE program, whether
to administer the program directly or through a third-party PACE provider, or any combination thereof.
PACE financing interest rates vary but are typically higher than traditional financing. 18 Interest rates and
fees for a project are set by the PACE provider when the agreement is finalized with the property
owner.19
Federal Housing Finance Agency and Super-Priority Liens
In 2010, and again in 2014,20 the Federal Housing Finance Agency (FHFA) directed mortgage
underwriters Fannie Mae and Freddie Mac not to purchase mortgages of homes encumbered by a first-
lien PACE loan due to its senior status above a mortgage. Under normal circumstances, real estate lien
priority is established by the order in which the liens are filed.21
According to the FHFA, such super-priority liens increase the risk of losses to taxpayers. Fannie Mae
and Freddie Mac support the housing finance market by purchasing, guaranteeing, and securitizing
single-family mortgages. Therefore, mortgages supported by Fannie Mae and Freddie Mac must
remain in first-lien position, meaning they have first priority in receiving the proceeds from the sale of a
property in foreclosure. Although FHFA generally supports energy retrofit financing programs, FHFA
acknowledges that such programs should be structured to ensure protection of the core financing for
the home.22
This restriction has two potential implications for borrowers. First, a homeowner with a first-lien PACE
loan may not refinance their existing mortgage with a Fannie Mae or Freddie Mac mortgage. Second,
anyone wanting to buy a home that already has a first-lien PACE loan cannot use a Fannie Mae or
Freddie Mac loan for the purchase. These restrictions may reduce the marketability of the house or
require the homeowner to pay off the PACE loan before selling the house. 23
18
The Balance, How PACE Loans Work, https://www.theb alancemoney.com/pace-loans-financing-for-upgrades-4124071 (last visited
Mar. 5, 2023).
19 See PACE Broward, Frequently Asked Questions,
https://www.broward.org/Climate/Documents/PACE%20Broward%20FAQ%20Sheet_Update6_09272021.pdf (last visited Mar. 5, 2023).
20 Federal Housing Finance Agency, FHFA Statement on Certain Energy Retrofit Loan Programs (July, 6, 2010),
http://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Statement-on-Certain-Energy-Retrofit-Loan-Programs.aspx (last visited Mar. 5,
2023). See also Federal Housing Financial Agency, Statement of the Federal Housing Finance Agency on Certain Super Priority Liens
(December 22, 2014)(“FHFA wants to make clear to homeowners, lenders, other financial institutions, state officials, and the public that
Fannie Mae and Freddie Mac’s policies prohibit the purchase of a mortgage where the property has a first -lien PACE loan attached to
it”) http://www.fhfa.gov/Media/PublicAffairs/Pages/Statement-of-the-Federal-Housing-Finance-Agency-on-Certain-Super-Priority-
Liens.aspx (last visited Mar. 5, 2023).
21
“Real estate liens generally are ordered so that prior liens are paid in foreclosure before liens filed later in time. For example, a
mortgage loan used to buy the property takes priority over a later mortg age loan used to remodel the home. The earliest and thus
highest priority mortgage loan is known as a first lien, while the subsequent mortgage loan is deemed a second lien. If the h omeowner
defaults on the second lien loan, the first lien mortgage holder retains the lien even if the second lien mortgage holder forecloses;
however, the converse is not true. Tax assessments are an exception to this lien priority rule. Generally, unpaid property ta x
assessments have priority over other liens, regardless of the date the prior liens were recorded or when the tax assessments became
delinquent. This makes the lien priority for PACE financing senior to liens for mortgage loans closed prior to the homeowner’ s
acceptance of the PACE financing. In the case of default by the homeowner on the PACE assessment, local governments and
investors in PACE bonds can expect to collect the balance owed on a PACE assessment before any recovery by a mortgage lender. ”
Prentiss Cox, Keeping PACE? The Case Against Property Assessed Clean Energy Financing Programs, 83 U. Colo. L. Rev. 83, 94
(2011), https://scholarship.law.umn.edu/faculty_articles/549 (last visited Mar. 5, 2023).
22 FHFA Statement on Certain Energy Retrofit Loan Programs, supra, note 20.
23 FHFA Statement on Certain Energy Retrofit Loan Programs, supra, note 20.
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Additionally, in December 2017, the United States Department of Housing and Urban Development
announced that the Federal Housing Administration will no longer insure new mortgages on properties
that include PACE assessments, citing concerns about the potential for increased losses to the Mutual
Mortgage Insurance Fund resulting from the priority lien status given to such assessments. 24
Some residential PACE programs are now operating with loan loss reserve funds, appropriate
disclosures, or other protections meant to address FHFA's concerns. 25 For example, in 2013, California
created a reserve fund to compensate first mortgage lenders in case of a foreclosure or a forced sale
attributable to a PACE loan. Additionally, Oklahoma and Vermont have passed legislation to
downgrade PACE from senior lien to junior lien, and there have been attempts by Congress to revise
residential PACE programs at the federal level, including the 2014 PACE Assessment Protection Act. 26
Consumer Protection
Consumer issues have surrounded the PACE programs from their inception. 27 These include the cost
of funding, contractor sales techniques (notably, responding to a limited homeowner problem and
marketing a full house retrofit), rolling the administrative fees for the local government into the PACE
loan amount, product sales at above market interest rates, workmanship issues, inadequate
disclosures, and indiscriminate lending regardless of ability to repay. 28 An administrator of residential
PACE programs in California and Florida recently settled with the Federal Trade Commission and
California to address complaints that the administrator recruited and authorized contractors, without
adequate training or oversight, to sell its financing, leading to many consumers being deceived during
the sales process and being unfairly subjected to liens on their homes without their express, informed
consent.29
In response to these consumer issues, Congress amended the Truth in Lending Act in 2018 to direct
the Consumer Financial Protection Bureau to implement federal regulations which provide more
effective consumer protections relating to PACE loans, especially those related to the ability of a
homeowner to repay the loan.30
The United States Department of Energy maintains “best practice guidelines” for residential PACE
financing programs, which includes measures relating to:
Establishing financial eligibility and verifying property ownership;
Confirming property-based debt, tax assessments, and property valuation;
Reviewing property owner income and debt obligations;
Establishing consumer and lender protections;
Establishing property owner education and disclosures;
Providing a right to cancel the purchase;
24 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020).
25 Commercial PACE programs were not directly affected by FHFA’s actions becau se Fannie Mae and Freddie Mac do not underwrite
commercial mortgages.
26 NCSL, PACE Financing https://www.ncsl.org/research/energy/pace-financing.aspx (last visited Mar. 7, 2021).
27 “PACE loans, offered through home improvement contractors, often in door-to-door sales, and secured by a property tax lien, are
collected through a property tax assessment that takes priority over any existing mortgage. PACE programs must be authorized by
state and local governments, but are privately run with little or no govern ment oversight. Over the last two years, there has been a
sharp increase in homeowners seeking assistance from legal services and other organizations in relation to PACE loans. The go al of
improving home energy efficiency is being overshadowed by the lack of adequate consumer protection for these loans. Weak PACE
loan regulation enables contractors to saddle homeowners with debt they cannot afford and puts their homes at risk for forecl osure.”
National Consumer Law Center, Advocates Applaud CFPB’s Intention to Deal with PACE Loan Program Ab uses (Mar. 4, 2019),
https://www.nclc.org/media-center/advocates-applaud-cfpbs-intention-to-deal-with-pace-loan-program-abuses.html (last visited Mar. 5,
2023).
28 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020).
29 Federal Trade Commission, FTC, California Act to Stop Ygrene Energy Fund from Deceiving Consumers Ab out PACE Financing,
Placing Liens on Homes Without Consumers’ Consent, https://www.ftc.gov/news -events/news/press-releases/2022/10/ftc-california-act-
stop-ygrene-energy-fund-deceiving-consumers-about-pace-financing-placing-liens (last visited Mar. 5, 2023).
30 FHFA, Property Assessed Clean Energy (PACE) Program, 85 Fed. Reg. 11,2738 (Jan. 16, 2020). See also Public Law 115–174
(2018), section 307; codified at 15 U.S.C. 1639c(b)(3)(C). and Bureau of Consumer Financial Protection, Advance Notice of Pro posed
Rulemaking on Residential Property Assessed Clean Energy Financing, 84 FR 8479 (Mar. 8, 2019).
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Determining appropriate minimum equity requirements and appropriate maximum
assessments;
Providing equipment specifications and energy assessments;
Defining the relationship between PACE assessments and mortgage financing;
Providing for non-acceleration upon property owner default;
Notifying mortgage holders of record; and
Addressing the needs and potential vulnerabilities of low-income and elderly households.31
Some local governments in Florida have implemented more stringent consumer protections than those
required by Florida law.32
Effect of the Bill
The bill makes several changes to Florida’s PACE law.
Definitions
The bill creates and uses the term “Resiliency Energy Environmental Florida (REEF) program” to refer
to the programs used in Florida to provide PACE financing for qualifying improvements and creates
definitions for additional terms related to PACE financing, as follows:
Resiliency Energy Environment Florida (REEF) program means a program established by a
local government, alone or in partnership with other local governments or a program
administrator, to finance qualifying improvements on nonresidential real property or residential
real property.
Assessment financing agreement means the financing agreement, under a REEF program,
between a local government and a property owner for the acquisition or installation of qualifying
improvements.
Non-ad valorem assessment or assessment has the same meaning as the term "non-ad
valorem assessment" as defined in s. 197.3632(1), F.S.
Residential real property means a residential real property composed of four or fewer dwelling
units which has been or will be improved by a qualifying improvement.
Nonresidential real property means any property not defined as residential real property and
which will be or has been improved by a qualifying improvement. The term includes multifamily
residential property composed of five or more dwelling units.
Program administrator means an entity, including, but not limited to, a for-profit or not-for-profit
entity, with which a local government may contract to administer a REEF program.
31 Department of Energy, Best Practice Guidelines for Residential PACE Financing Programs (Nov. 18, 2016),
https://www.energy.gov/sites/prod/files/2016/11/f34/best-practice-guidelines-RPACE.pdf (last visited Mar. 5, 2023).
32 See, e.g., Palm Beach County, Ord. No. 2017-012, Section 6. Disclosure Requirements
https://discover.pbcgov.org/resilience/PDF/PACE_ORDINANCE_2017 -012%20-%20ADA%20Compliant.pdf (last visited Mar. 5, 2023).
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Uses for PACE Financing
The bill expands the authorized uses of PACE financing. First, the bill specifies that PACE financing
may be used as refinance tool. Second, the bill authorizes PACE financing to be used for all types of
qualifying improvements on residential and nonresidential real property under new construction.
Eligibility Requirements for PACE Financing
The bill softens existing eligibility requirements as follows:
Delinquency in payment of property taxes or other assessments on a property during the
preceding 3 years do not preclude the use of PACE financing if the delinquency was not longer
than 30 days.
Involuntary liens on a property do not preclude the use of PACE financing if not greater than
$1,000.
Recorded notices of default or other evidence of property-based debt delinquency during the
preceding 3 years do not preclude use of PACE financing if released during that time.
The bill requires that the local government or program administrator, before entering into a PACE
financing agreement, must:
Ask the property owner whether any other PACE assessments have already been recorded, or
funded but not yet recorded, on the property.33
For a residential property, reasonably determine that the property is not subject to an existing
home equity conversion mortgage or reverse mortgage product.
For a residential property, reasonably determine that the property was not gifted to the
homeowner for free by a nonprofit entity “as may be disclosed by the property owner.”
Ability to Repay
The bill requires that, prior to final approval of a PACE assessment on residential property, the program
administrator must reasonably determine that the property owner has the ability to pay the estimated
annual assessment. To make this determination, the program administrator must determine that the
total estimated annual payment amount for all PACE assessments on the property does not exceed 10
percent of the property owner’s annual household income. The bill provides that income may be
confirmed using information from reputable third parties that provide reasonably reliable evidence of the
property owner’s household income and may not be confirmed solely by a property owner’s statement.
Debt-to-Value Limitations on PACE Assessments
Under current law, the total amount of any PACE assessment may not exceed 20 percent of a
property’s just value, without consent of the holder or servicer of a mortgage secured by a property.
The bill replaces the “just value” standard in current law 34 with a “fair market value” standard.
The bill provides that, for residential property, the combined mortgage-related debt and the total
amount of any PACE assessments on the property may not exceed 100 percent of the property’s fair
market value, as determined by reputable third parties. However, this limit can be exceeded if a
property owner fails to disclose whether other PACE assessments have already been recorded, or
funded but no yet recorded, on the property.
Disclosures
33 The bill provides that failure of a property owner to disclose this information does not invalidate a PACE financing agreement or any
obligation thereunder, even if the total financed amount of the qualifying improvements causes the property’s debt -to-value ratio to
exceed the limit of 100 percent specified in the bill.
34 Under current law, “just value” is the value of the property as determined by the county property appraiser.
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The bill requires that the program administrator, before or at the same time that a residential property
owner signs a PACE financing agreement, must provide a financing estimate and disclosure that
includes the following:
The total amount estimated to be funded, including the cost of the qualifying improvements,
program fees, and capitalized interest, if any.
The estimated annual assessment.
The term of the assessment.
The interest charged and estimated annual percentage rate.
A description of the qualifying improvement.
A disclosure that if the property owner sells or refinances the property, the property owner, as a
condition of the sale or the refinance, may be required by a mortgage lender to pay off the full
amount owed under each assessment financing agreement.
A disclosure that the assessment will be collected along with the property owner's property
taxes and will result in a lien on the property from the date the financing agreement is recorded.
A disclosure that failure to pay the assessment may result in penalties and fees, along with the
issuance of a tax certificate that could result in the property owner losing the property.
The bill provides that the program administrator, before a notice to proceed is issued on residential real
property, must conduct an oral, recorded telephone call with the property owner or an authorized
representative. The program administrator must ask the property owner if he or she would like to
communicate primarily in a language other than English. On the telephone call, the program
administrator must confirm all of the following with the property owner:
That at least one property owner has access to a copy of the PACE financing agreement and
financing estimates and disclosures.
The qualifying improvements being financed.
The total estimated annual costs that the property owner will have to pay under the financing
agreement, including applicable fees.
The total estimated average monthly equivalent amount of funds the residential real property
owner would have to save in order to pay the annual costs of the assessment, including
applicable fees.
The estimated due date for the property owner's first property tax payment that includes the
assessment.
The term of the financing agreement.
That payments for the financing agreement will cause the property owner's annual property tax
bill to increase, and that payments will be made through an additional annual assessment on
the property and either will be paid directly to the county tax collector's office as part of the total
annual secured property tax bill or may be paid through the property owner's mortgage escrow
account.
That the property owner has disclosed whether the property has received, or the owner is
seeking, additional assessments funded under this section and that the owner has disclosed all
other PACE assessments which are or are about to be placed on the property.
That the property will be subject to a lien during the term of the financing agreement and that
the obligations under the agreement may be required to be paid in full before the residential real
property owner sells or refinances the property.
That any potential utility or insurance savings are not guaranteed and will not reduce the
assessment or total assessment amount.
That the program administrator does not provide tax advice, and the property owner should
seek professional tax advice if he or she has questions regarding tax credits, tax deductibility, or
other tax impacts of the qualifying improvement or the financing agreement.
A program administrator may not leave a voicemail to satisfy this requirement.
Terms of PACE Financing Agreements
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The bill limits the term of a PACE financing agreement to the lesser of: (1) 30 years; or (2) the greater
of either the weighted average estimated useful life of all qualifying improvements being financed or the
estimated useful life of the qualifying improvements to which the greatest portion of funds is disbursed.
The bill prohibits a PACE financing agreement from including a negative amortization schedule,35 a
balloon payment, or prepayment fees other than nominal administrative costs.
PACE Contractors
The bill establishes terms for the enrollment and oversight of contractors by PACE program
administrators. These provisions apply only with respect to PACE financing for residential real property.
Before enrolling a contractor to install qualifying improvements, the bill provides that program
administrators must make a reasonable effort to review that the contractor maintains in good standing
an appropriate license from the state, if applicable, as well as any other permit, license, or registration
required for engaging in business in the jurisdiction in which he or she operates and that the contractor
maintains all state-required bond and insurance coverage. Program administrators must also obtain the
contractor's written agreement that the contractor will act in accordance with all applicable laws,
including applicable advertising and marketing laws and regulations.
The bill further provides that program administrators must maintain a process to enroll new contractors
which includes reasonable review of the following for each contractor: relevant work or project history;
financial and reputational background checks; a criminal background check; and status on the Better
Business Bureau online platform or another online platform that tracks contractor reviews.
The bill also provides that program administrators must maintain a process for monitoring enrolled
contractors with regard to performance and compliance with program policies and shall implement
policies for suspending and terminating enrolled contractors based on violations of program policies or
unscrupulous behavior. Program administrators must maintain a policy for determining the conditions
on which a contractor may reinstated to the program.
The bill authorizes program administrators to pay or reimburse contractors for any expense allowable
under applicable state law and not otherwise prohibited under Florida’s PACE law including, but not
limited to, marketing, training, and promotions.
Before disbursing funds to a contractor for a qualifying improvement on residential real property, a
program administrator must first confirm that the applicable work or service has been completed
through any of the following: a written certification from the property owner; a recorded telephone call
with the property owner; a review of geotagged and time-stamped photographs; a review of a final
permit; or a site inspection through third-party means.
The bill prohibits a program administrator from disclosing to a contractor or to a third party engaged in
soliciting a PACE financing agreement the maximum financing amount for which a residential property
owner is eligible. Program administrators are also prohibited from providing a contractor with any
payment, fee, or kickback in exchange for referring PACE financing business relating to a specific
PACE financing agreement on residential property.
The bill prohibits PACE contractors from presenting a higher price for a qualifying improvement
financed by a PACE assessment than the contractor would otherwise reasonably present if the
qualifying improvement was not being financed through a PACE assessment.
PACE Marketing
The bill prohibits program administrators from representing that PACE financing is a government
assistance program, that qualifying improvements are free or that PACE financing is a free program, or
35 The bill provides that capitalized interest included in the original balance of the assessment financing agreement does not c onstitute
negative amortization.
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that the financing of a qualifying improvement under PACE does not require the property owner to
repay the financial obligation. Program administrators are also prohibited from making any
representation as to the tax deductibility of a PACE assessment.
Annual Report
The bill requires each program administrator to provide, at a reasonable time following the end of the
prior calendar year, an annual report to the dependent special district as defined in s. 189.012 or a
separate legal entity created pursuant to s. 163.01(7) which it has contracted with to administer a
PACE program and shall include information and data related to the following:
The total number of property owner complaints received which are associated with project
funding in the report year.
Of the total number of property owner complaints received which are associated with project
funding in the report year:
o The number and percentage of complaints that relate to PACE financing.
o The number and percentage of complaints that relate to a contractor or the workmanship
of a contractor and are not related to PACE financing.
o The number and percentage of complaints that relate to both a contractor and the PACE
financing.
o The number and percentage of complaints received which were resolved and the
number and percentage of complaints received which were not resolved.
The percentage of property owner complaints received expressed as a total of all projects
funded in the report year.
Other Provisions
The bill provides that a residential real property owner may cancel a PACE financing agreement within
3 business days after signing the agreement without any financial penalty from the program
administrator for doing so.
The bill provides that a notice of lien for the full amount of the financing may be recorded in the public
records of the county where the property is located. The lien shall not be enforceable in a manner that
results in the acceleration of the remaining nondelinquent unpaid balance under the PACE financing
agreement.
The bill provides that program administrators must use appropriate methodologies or technologies to
identify and verify the identity of the residential real property owner who executes an assessment
financing agreement.
The bill requires program administrators to develop and implement policies and procedures for
responding to, tracking, and helping to resolve questions and property owner complaints as soon as
reasonably practicable.
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B. SECTION DIRECTORY:
Section 1. Amends s. 163.08, F.S., relating to supplemental authority for improvements to real
property.
Section 2. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
To the extent that a local government or program administrator does not already impose measures
similar to those in the bill, the bill may impose costs on PACE program administrators.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.
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DATE: 3/6/2023
C. DRAFTING ISSUES OR OTHER COMMENTS:
Ability to Repay
To determine a property owner’s ability to repay a PACE assessment, the bill requires a determination
that the total annual payment for all PACE assessments on a property does not exceed 10 percent of
the property owner’s household income. This determination does not account for the property owner’s
household expenses and other debt obligations, thus may not provide an accurate evaluation of a
property owner’s ability to repay a PACE assessment while meeting those expenses and debt
obligations.
Debt-to-Value
The bill allows a residential property owner, through the addition of PACE assessments to existing
mortgage debt, to obligate the entire value of its property to secure debt, putting the property owner at
greater risk of being “upside down,” which would make refinancing or selling the property more difficult.
Disclosures
Under the bill, certain material disclosures may not occur until the time a PACE financing agreement is
being signed. The bill does not specify the form (e.g., written, oral, electronic) in which disclosures
required prior to or at the time of signing a PACE financing agreement must be provided and does not
require acknowledgment of these disclosures.
Certain disclosures are required to be made only verbally, by phone, after a PACE financing agreement
may have been signed. Some of these disclosures may be material to some property owners but may
not come before the end of the 3-day cancellation period provided in the bill, such as the following:
That any potential utility or insurance savings are not guaranteed and will not reduce the
assessment or total assessment amount.
That the program administrator does not provide tax advice, and the property owner should
seek professional tax advice if he or she has questions regarding tax credits, tax deductibility, or
other tax impacts of the qualifying improvement or the PACE financing agreement.
The total estimated average monthly equivalent amount of funds the residential real property
owner would have to save in order to pay the annual costs of the assessment, including
applicable fees.
PACE Contractors and Marketing
The bill requires PACE program administrators to maintain a process for monitoring enrolled
contractors with regard to performance and compliance with program policies and shall implement
policies for suspending and terminating enrolled contractors based on violations of program policies or
unscrupulous behavior. For this provision to be effective, local governments and/or PACE program
administrators will need to adopt sufficient program policies and behavioral standards for contractors.
The bill imposes certain marketing prohibitions on PACE program administrators, but these prohibitions
do not apply to contractors or other third-party marketers.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 669 2023
1 A bill to be entitled
2 An act relating to Resiliency Energy Environment
3 Florida programs; amending s. 163.08, F.S.; defining
4 terms; providing that a property owner may apply to a
5 Resiliency Energy Environment Florida (REEF) program
6 for funding to finance a qualifying improvement and
7 may enter into an assessment financing agreement with
8 a local government; providing that REEF program costs
9 may be collected as non-ad valorem assessments;
10 authorizing a local government to enter into an
11 agreement with a program administrator to administer a
12 REEF program on the local government's behalf;
13 revising and specifying public recording requirements
14 for assessment financing agreements and notices of
15 lien; revising requirements that apply to local
16 governments or program administrators in determining
17 eligibility for assessment financing; revising
18 requirements for qualifying improvements; revising the
19 calculation of non-ad valorem assessment limits;
20 providing construction; specifying underwriting,
21 financing estimate, disclosure, and confirmation
22 requirements for program administrators relating to
23 residential real property; authorizing a residential
24 real property owner, under certain circumstances and
25 within a certain timeframe, to cancel an assessment
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26 financing agreement without financial penalty;
27 specifying limitations on assessment financing
28 agreement terms for residential real property;
29 prohibiting certain financing terms for residential
30 real property; specifying requirements for, and
31 certain prohibited acts by, program administrators
32 relating to assessment financing agreements and
33 contractors for qualifying improvements to residential
34 real property; specifying additional annual reporting
35 requirements for program administrators; providing
36 construction and applicability; conforming provisions
37 to changes made by the act; providing an effective
38 date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Subsection (16) of section 163.08, Florida
43 Statutes, is renumbered as subsection (32), subsections (1),
44 (2), (4), (6) through (10), and (12) through (14) are amended,
45 and a new subsection (16) and subsections (17) through (31) are
46 added to that section, to read:
47 163.08 Supplemental authority for improvements to real
48 property.—
49 (1)(a) In chapter 2008-227, Laws of Florida, the
50 Legislature amended the energy goal of the state comprehensive
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51 plan to provide, in part, that the state shall reduce its energy
52 requirements through enhanced conservation and efficiency
53 measures in all end-use sectors and reduce atmospheric carbon
54 dioxide by promoting an increased use of renewable energy
55 resources. That act also declared it the public policy of the
56 state to play a leading role in developing and instituting
57 energy management programs that promote energy conservation,
58 energy security, and the reduction of greenhouse gases. In
59 addition to establishing policies to promote the use of
60 renewable energy, the Legislature provided for a schedule of
61 increases in energy performance of buildings subject to the
62 Florida Energy Efficiency Code for Building Construction. In
63 chapter 2008-191, Laws of Florida, the Legislature adopted new
64 energy conservation and greenhouse gas reduction comprehensive
65 planning requirements for local governments. In the 2008 general
66 election, the voters of this state approved a constitutional
67 amendment authorizing the Legislature, by general law, to
68 prohibit consideration of any change or improvement made for the
69 purpose of improving a property's resistance to wind damage or
70 the installation of a renewable energy source device in the
71 determination of the assessed value of residential real
72 property.
73 (b) The Legislature finds that all energy-consuming-
74 improved properties that are not using energy conservation
75 strategies contribute to the burden affecting all improved
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76 property resulting from fossil fuel energy production. Improved
77 property that has been retrofitted with energy-related
78 qualifying improvements receives the special benefit of
79 alleviating the property's burden from energy consumption. All
80 improved properties not protected from wind damage by wind
81 resistance qualifying improvements contribute to the burden
82 affecting all improved property resulting from potential wind
83 damage. Improved property that has been retrofitted with wind
84 resistance qualifying improvements receives the special benefit
85 of reducing the property's burden from potential wind damage.
86 Further, the installation and operation of qualifying
87 improvements not only benefit the affected properties for which
88 the improvements are made, but also assist in fulfilling the
89 goals of the state's energy and hurricane mitigation policies.
90 (c) In order to make qualifying improvements more
91 affordable and assist property owners who wish to undertake such
92 improvements, the Legislature finds that there is a compelling
93 state interest in enabling property owners to voluntarily
94 finance such improvements with local government assistance.
95 (d)(c) The Legislature determines that the actions
96 authorized under this section, including, but not limited to,
97 the financing of qualifying improvements through the execution
98 of assessment financing agreements and the related imposition of
99 voluntary assessments, are reasonable and necessary to serve and
100 achieve a compelling state interest and are necessary for the
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101 prosperity and welfare of the state and its property owners and
102 inhabitants.
103 (2) As used in this section, the term:
104 (a) "Assessment financing agreement" means the financing
105 agreement, under a REEF program, between a local government and
106 a property owner for the acquisition or installation of
107 qualifying improvements.
108 (b)(a) "Local government" means a county, a municipality,
109 a dependent special district as defined in s. 189.012, or a
110 separate legal entity created pursuant to s. 163.01(7).
111 (c) "Non-ad valorem assessment" or "assessment" has the
112 same meaning as the term "non-ad valorem assessment" as defined
113 in s. 197.3632(1).
114 (d) "Nonresidential real property" means any property not
115 defined as residential real property and which will be or has
116 been improved by a qualifying improvement. The term includes
117 multifamily residential property composed of five or more
118 dwelling units.
119 (e) "Program administrator" means an entity, including,
120 but not limited to, a for-profit or not-for-profit entity, with
121 which a local government may contract to administer a REEF
122 program.
123 (f)(b) "Qualifying improvement" includes any:
124 1. Energy conservation and efficiency improvement, which
125 is a measure to reduce consumption through conservation or a
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126 more efficient use of electricity, natural gas, propane, or
127 other forms of energy on the property, including, but not
128 limited to, air sealing; installation of insulation;
129 installation of energy-efficient heating, cooling, or
130 ventilation systems; building modifications to increase the use
131 of daylight; replacement of windows; installation of energy
132 controls or energy recovery systems; installation of electric
133 vehicle charging equipment; and installation of efficient
134 lighting equipment.
135 2. Renewable energy improvement, which is the installation
136 of any system in which the electrical, mechanical, or thermal
137 energy is produced from a method that uses one or more of the
138 following fuels or energy sources: hydrogen, solar energy,
139 geothermal energy, bioenergy, and wind energy.
140 3. Wind resistance improvement, which includes, but is not
141 limited to:
142 a. Improving the strength of the roof deck attachment;
143 b. Creating a secondary water barrier to prevent water
144 intrusion;
145 c. Installing wind-resistant shingles;
146 d. Installing gable-end bracing;
147 e. Reinforcing roof-to-wall connections;
148 f. Installing storm shutters; or
149 g. Installing opening protections.
150 (g) "Residential real property" means a residential real
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151 property composed of four or fewer dwelling units which has been
152 or will be improved by a qualifying improvement.
153 (h) "Resiliency Energy Environment Florida (REEF) program"
154 means a program established by a local government, alone or in
155 partnership with other local governments or a program
156 administrator, to finance qualifying improvements on
157 nonresidential real property or residential real property.
158 (4) Subject to local government ordinance or resolution, a
159 property owner may apply to the REEF program local government
160 for funding to finance a qualifying improvement and enter into
161 an assessment a financing agreement with the local government.
162 Costs incurred by the REEF program local government for such
163 purpose may be collected as a non-ad valorem assessment. A non-
164 ad valorem assessment shall be collected pursuant to s. 197.3632
165 and, notwithstanding s. 197.3632(8)(a), shall not be subject to
166 discount for early payment. However, the notice and adoption
167 requirements of s. 197.3632(4) do not apply if this section is
168 used and complied with, and the intent resolution, publication
169 of notice, and mailed notices to the property appraiser, tax
170 collector, and Department of Revenue required by s.
171 197.3632(3)(a) may be provided on or before August 15 in
172 conjunction with any non-ad valorem assessment authorized by
173 this section, if the property appraiser, tax collector, and
174 local government agree.
175 (6) A local government may enter into an agreement with a
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176 program administrator to administer a REEF program on behalf of
177 the local government A qualifying improvement program may be
178 administered by a for-profit entity or a not-for-profit
179 organization on behalf of and at the discretion of the local
180 government.
181 (7) A local government may incur debt for the purpose of
182 providing financing for qualifying such improvements, which debt
183 is payable from revenues received from the improved pro perty, or
184 from any other available revenue source authorized under this
185 section or by other law.
186 (8) A local government may enter into an assessment a
187 financing agreement to finance or refinance a qualifying
188 improvement only with the record owner of the affected property.
189 Any assessment financing agreement entered into pursuant to this
190 section or a summary memorandum of such agreement shall be
191 submitted for recording recorded in the public records of the
192 county within which the property is located by the sponsoring
193 unit of local government within 5 days after execution of the
194 agreement. The recorded agreement shall provide constructive
195 notice that the assessment to be levied on the property
196 constitutes a lien of equal dignity to county taxes and
197 assessments from the date of recordation. A notice of lien for
198 the full amount of the financing may be recorded in the public
199 records of the county where the property is located. Such lien
200 shall not be enforceable in a manner that results in the
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201 acceleration of the remaining nondelinquent unpaid balance under
202 the assessment financing agreement.
203 (9) Before entering into an assessment a financing
204 agreement, the local government, or the program administrator
205 acting on its behalf, shall reasonably determine that all of the
206 following conditions are met:
207 (a) All property taxes and any other assessments levied on
208 the same bill as property taxes are current paid and have not
209 been delinquent for more than 30 days for the preceding 3 years
210 or the property owner's period of ownership, whichever is less.;
211 (b) that There are no involuntary liens greater than
212 $1,000, including, but not limited to, construction liens on the
213 property.;
214 (c) that No notices of default or other evidence of
215 property-based debt delinquency have been recorded and not
216 released during the preceding 3 years or the property owner's
217 period of ownership, whichever is less.;
218 (d) The local government or program administrator has
219 asked the property owner whether any other assessments under
220 this section have been recorded or have been funded and not yet
221 recorded on the property. The failure of a property owner to
222 disclose information set forth in this paragraph does not
223 invalidate an assessment financing agreement or any obligation
224 thereunder, even if the total financed amount of the qualifying
225 improvements exceeds the amount that would otherwise be
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226 authorized under paragraph (12)(a).
227 (e) and that The property owner is current on all mortgage
228 debt on the property.
229 (f) The residential property is not subject to an existing
230 home equity conversion mortgage or reverse mortgage product.
231 This paragraph does not apply to nonresidential real property.
232 (g) The property is not currently a residential property
233 gifted to a homeowner for free by a nonprofit entity as may be
234 disclosed by the property owner. The failure of a property owner
235 to disclose information set forth in this paragraph does not
236 invalidate an assessment financing agreement or any obligation
237 thereunder. This paragraph does not apply to nonresidential real
238 property.
239 (10) Before final funding may be provided, a qualifying
240 improvement must shall be affixed or planned to be affixed to a
241 nonresidential real property or residential real building or
242 facility that is part of the property and constitutes shall
243 constitute an improvement to that property the building or
244 facility or a fixture attached to the building or facility . An
245 assessment financing agreement may between a local government
246 and a qualifying property owner may not cover qualifying wind-
247 resistance improvements on nonresidential real property under
248 new construction or residential real property in buildings or
249 facilities under new construction or construction for which a
250 certificate of occupancy or similar evidence of substantial
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251 completion of new construction or improvement has not been
252 issued.
253 (12)(a) Without the consent of the holders or loan
254 servicers of any mortgage encumbering or otherwise secured by
255 the property, the total amount of any non-ad valorem assessment
256 for a property under this section may not exceed 20 percent of
257 the fair market just value of the real property as determined by
258 the county property appraiser. The combined mortgage-related
259 debt and total amount of any non-ad valorem assessments funded
260 under this section for residential real property may not exceed
261 100 percent of the fair market value of the residential real
262 property. However, the failure of a property owner to disclose
263 information set forth in paragraph (9)(d) does not invalidate an
264 assessment financing agreement or any obligation thereunder,
265 even if the total financed amount of the qualifying improvements
266 exceeds the amount that would otherwise be authorized under this
267 paragraph. For purposes of this paragraph, fair market value may
268 be determined using reputable third parties.
269 (b) Notwithstanding paragraph (a), a non-ad valorem
270 assessment for a qualifying improvement defined in subparagraph
271 (2)(f)1. (2)(b)1. or subparagraph (2)(f)2. which (2)(b)2. that
272 is supported by an energy audit is not subject to the limits in
273 this subsection if the audit demonstrates that the annual energy
274 savings from the qualified improvement equals or exceeds the
275 annual repayment amount of the non-ad valorem assessment.
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276 (13) At least 30 days before entering into an assessment a
277 financing agreement, the property owner shall provide to the
278 holders or loan servicers of any existing mortgages encumbering
279 or otherwise secured by the property a notice of the owner's
280 intent to enter into an assessment a financing agreement
281 together with the maximum principal amount to be financed and
282 the maximum annual assessment necessary to repay that amount. A
283 verified copy or other proof of such notice shall be provided to
284 the local government. A provision in any agreement between a
285 mortgagee or other lienholder and a property owner, or otherwise
286 now or hereafter binding upon a property owner, which allows for
287 acceleration of payment of the mortgage, note, or lien or other
288 unilateral modification solely as a result of entering into an
289 assessment a financing agreement as provided for in this section
290 is not enforceable. This subsection does not limit the authority
291 of the holder or loan servicer to increase the required monthly
292 escrow by an amount necessary to annually pay the annual
293 qualifying improvement assessment.
294 (14) At or before the time a seller purchaser executes a
295 contract for the sale and purchase of any property for which a
296 non-ad valorem assessment has been levied under this section and
297 has an unpaid balance due, the seller must shall give the
298 prospective purchaser a written disclosure statement in the
299 following form, which shall be set forth in the contract or in a
300 separate writing:
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301
302 QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
303 RENEWABLE ENERGY, OR WIND RESISTANCE.—The property
304 being purchased is located within the jurisdiction of
305 a local government that has placed an assessment on
306 the property pursuant to s. 163.08, Florida Statutes.
307 The assessment is for a qualifying improvement to the
308 property relating to energy efficiency, renewable
309 energy, or wind resistance, and is not based on the
310 value of property. You are encouraged to contact the
311 county property appraiser's office to learn more about
312 this and other assessments that may be provided by
313 law.
314
315 (16) Before final approval of an assessment financing
316 agreement for a qualifying improvement on a residential real
317 property, a program administrator shall reasonably determine
318 that the property owner has the ability to pay the estimated
319 annual assessment. To do so, the program administrator shall, at
320 a minimum, use the underwriting requirements in subsection (9),
321 confirm that the property owner is not in bankruptcy, and
322 determine that the total estimated annual payment amount for all
323 assessment financing agreements funded under this section on the
324 property does not exceed 10 percent of the property owner's
325 annual household income. Income may be confirmed using
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326 information gathered from reputable third parties that provide
327 reasonably reliable evidence of the property owner's household
328 income. Income may not be confirmed solely by a property owner's
329 statement. The failure of a property owner to disclose
330 information set forth in paragraph (9)(d) does not invalidate an
331 assessment financing agreement or any obligation thereunder,
332 even if the total estimated annual payment amount exceeds the
333 amount that would otherwise be authorized under this subsection.
334 (17) Before or contemporaneously with a property owner
335 signing an assessment financing agreement on a residential real
336 property, the program administrator shall provide a financing
337 estimate and disclosure to the residential real property owner
338 which includes all of the following:
339 (a) The total amount estimated to be funded, including the
340 cost of the qualifying improvements, program fees, and
341 capitalized interest, if any.
342 (b) The estimated annual assessment.
343 (c) The term of the assessment.
344 (d) The interest charged and estimated annual percentage
345 rate.
346 (e) A description of the qualifying improvement.
347 (f) A disclosure that if the property owner sells or
348 refinances the property, the property owner, as a condition of
349 the sale or the refinance, may be required by a mortgage lender
350 to pay off the full amount owed under each assessment financing
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351 agreement.
352 (g) A disclosure that the assessment will be collected
353 along with the property owner's property taxes and will result
354 in a lien on the property from the date the assessment financing
355 agreement is recorded.
356 (h) A disclosure that failure to pay the assessment may
357 result in penalties and fees, along with the issuance of a tax
358 certificate that could result in the property owner losing the
359 real property.
360 (18) Before a notice to proceed is issued on residential
361 real property, the program administrator shall conduct with the
362 residential real property owner or an authorized representative
363 an oral, recorded telephone call. The program administrator
364 shall ask the residential real property owner if he or she would
365 like to communicate primarily in a language other than English.
366 A program administrator may not leave a voicemail on the
367 residential real property owner's or authorized representative's
368 telephone to satisfy this requirement. A program admini strator,
369 as part of such telephone call, shall confirm all of the
370 following with the residential real property owner:
371 (a) That at least one residential real property owner has
372 access to a copy of the assessment financing agreement and
373 financing estimates and disclosures.
374 (b) The qualifying improvements being financed.
375 (c) The total estimated annual costs that the residential
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376 real property owner will have to pay under the assessment
377 financing agreement, including applicable fees.
378 (d) The total estimated average monthly equivalent amount
379 of funds the residential real property owner would have to save
380 in order to pay the annual costs of the assessment, including
381 applicable fees.
382 (e) The estimated date the residential real property
383 owner's first property tax payment that includes the assessment
384 will be due.
385 (f) The term of the assessment financing agreement.
386 (g) That payments for the assessment financing agreement
387 will cause the residential real property owner's annual property
388 tax bill to increase, and that payments will be made through an
389 additional annual assessment on the property and either will be
390 paid directly to the county tax collector's office as part of
391 the total annual secured property tax bill or may be paid
392 through the residential real property owner's mortgage escrow
393 account.
394 (h) That the residential real property owner has disclosed
395 whether the property has received, or the owner is seeking,
396 additional assessments funded under this section and that the
397 owner has disclosed all other assessments funded under this
398 section which are or are about to be placed on the property.
399 (i) That the property will be subject to a lien during the
400 term of the assessment financing agreement and that the
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401 obligations under the agreement may be required to be paid in
402 full before the residential real property owner sells or
403 refinances the property.
404 (j) That any potential utility or insurance savings are
405 not guaranteed and will not reduce the assessment or total
406 assessment amount.
407 (k) That the program administrator does not provide tax
408 advice, and the residential real property owner should seek
409 professional tax advice if he or she has questions regarding tax
410 credits, tax deductibility, or other tax impacts of the
411 qualifying improvement or the assessment financing agreement.
412 (19) A residential real property owner may cancel an
413 assessment financing agreement within 3 business days after
414 signing the assessment financing agreement without any financial
415 penalty from the program administrator for doing so.
416 (20) The term of an assessment financing agreement on
417 residential real property may not exceed the lesser of:
418 (a) Thirty years; or
419 (b) The greater of either the weighted average estimated
420 useful life of all qualifying improvements being financed or the
421 estimated useful life of the qualifying improvements to which
422 the greatest portion of funds is disbursed.
423 (21) An assessment financing agreement authorized under
424 this section on residential real property may not include any of
425 the following financing terms:
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426 (a) A negative amortization schedule. Capitalized interest
427 included in the original balance of the assessment financing
428 agreement does not constitute negative amortization.
429 (b) A balloon payment.
430 (c) Prepayment fees, other than nominal administra tive
431 costs.
432 (22) For residential real property, a program
433 administrator:
434 (a) May not enroll a contractor who contracts with
435 residential real property owners to install qualifying
436 improvements unless:
437 1. The program administrator makes a reasonable effort to
438 review that the contractor maintains in good standing an
439 appropriate license from the state, if applicable, as well as
440 any other permit, license, or registration required for engaging
441 in business in the jurisdiction in which he or she operates and
442 that the contractor maintains all state-required bond and
443 insurance coverage; and
444 2. The program administrator obtains the contractor's
445 written agreement that the contractor will act in accordance
446 with all applicable laws, including applicable advertis ing and
447 marketing laws and regulations.
448 (b) Shall maintain a process to enroll new contractors
449 which includes reasonable review of the following for each
450 contractor:
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451 1. Relevant work or project history.
452 2. Financial and reputational background checks.
453 3. A criminal background check.
454 4. Status on the Better Business Bureau online platform or
455 another online platform that tracks contractor reviews.
456 (c) A program administrator may pay or reimburse
457 contractors for any expense allowable under applicable state law
458 and not otherwise prohibited under this section, including, but
459 not limited to, marketing, training, and promotions.
460 (23)(a) Before disbursing funds to a contractor for a
461 qualifying improvement on residential real property, a program
462 administrator must first confirm that the applicable work or
463 service has been completed through any of the following:
464 1. A written certification from the property owner;
465 2. A recorded telephone call with the property owner;
466 3. A review of geotagged and time-stamped photographs;
467 4. A review of a final permit; or
468 5. A site inspection through third-party means.
469 (b) A program administrator may not disclose to a
470 contractor or to a third party engaged in soliciting an
471 assessment financing agreement the maximum financing amount for
472 which a residential real property owner is eligible.
473 (24) A program administrator shall comply with the
474 following marketing and communications guidelines when
475 communicating with residential real property owners:
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476 (a) A program administrator may not represent:
477 1. That the REEF program or assessment financing is a
478 government assistance program;
479 2. That qualifying improvements are free or that
480 assessment financing is a free program; or
481 3. That the financing of a qualifying improvement using
482 the REEF program does not require the property owner to repay
483 the financial obligation.
484 (b) A program administrator may not make any
485 representation as to the tax deductibility of an assessment
486 authorized under this section. A program administrator may
487 encourage a property owner to seek the advice of a tax
488 professional regarding tax matters related to assessments.
489 (25) A contractor may not present a higher price for a
490 qualifying improvement on residential real property financed by
491 an assessment financing agreement than the contractor would
492 otherwise reasonably present if the qualifying improvement was
493 not being financed through an assessment financing agreement.
494 (26) A program administrator shall use appropriate
495 methodologies or technologies to identify and verify the
496 identity of the residential real property owner who executes an
497 assessment financing agreement.
498 (27) A program administrator may not provide a contractor
499 with any payment, fee, or kickback in exchange for referring
500 assessment financing business relating to a specific assessment
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501 financing agreement on residential real property.
502 (28) A program administrator shall develop and implement
503 policies and procedures for responding to, tracking, and helping
504 to resolve questions and property owner complaints as soon as
505 reasonably practicable.
506 (29) A program administrator shall maintain a process for
507 monitoring enrolled contractors that contract with residential
508 real property owners to install qualifying improvements with
509 regard to performance and compliance with program policies and
510 shall implement policies for suspending and terminating enrolled
511 contractors based on violations of program policies or
512 unscrupulous behavior. A program administrator shall maintain a
513 policy for determining the conditions on which a contractor may
514 be reinstated to the program.
515 (30) A program administrator shall provide, at a
516 reasonable time following the end of the prior calendar year, an
517 annual report to the dependent special district as defined in s.
518 189.012 or a separate legal entity created pursuant to s.
519 163.01(7) which it has contracted with to administer a REEF
520 program and shall include information and data related to the
521 following:
522 (a) The total number of property owner complaints received
523 which are associated with project funding in the report year.
524 (b) Of the total number of property owner complaints
525 received which are associated with project funding in the report
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526 year:
527 1. The number and percentage of complaints that relate to
528 the assessment financing.
529 2. The number and percentage of complaints that relate to
530 a contractor or the workmanship of a contractor and are not
531 related to assessment financing.
532 3. The number and percentage of complaints that relate to
533 both a contractor and the assessment financing.
534 4. The number and percentage of complaints received
535 pursuant to subparagraphs 1., 2., and 3. which were resolved and
536 the number and percentage of complaints received pursuant to
537 subparagraphs 1., 2., and 3. which were not resolved.
538 (c) The percentage of property owner complaints received
539 pursuant to subparagraphs (b)1., 2., and 3. expressed as a total
540 of all projects funded in the report year.
541 (31)(a) Subsections (16) through (30) do not apply to
542 residential real property if the program administrator
543 reasonably determines that:
544 1. The residential real property is owned by a business
545 entity that owns more than four residential real properties; and
546 2. The business entity's managing member, partner, or
547 beneficial owner does not reside in the residential real
548 property.
549 (b) Subsections (16) through (30) apply to a program
550 administrator only when administering a REEF program for
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551 qualifying improvements on residential real property.
552 Subsections (16) through (30) do not apply with respect to a
553 local government, to residential property owned by a local
554 government, or to nonresidential real property.
555 Section 2. This act shall take effect July 1, 2023.
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HB 745
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 745 Emergency Communications
SPONSOR(S): McFarland
TIED BILLS: IDEN./SIM. BILLS: SB 1418
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Energy, Communications & Cybersecurity Walsh Keating
Subcommittee
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Division of Telecommunications (Division) within the Department of Management Service (DMS) is the
state entity responsible for developing, maintaining, and implementing a statewide E911 system plan. The
secretary of DMS or his or her designee acts as the director of the system and is authorized to coordinate the
activities of the system with state, county, local, and private agencies.
The system director also serves as chair of the state’s E911 Board, an 11-member body that administers funds
derived from fees imposed on each user of voice communications services in Florida.
To fund Florida’s E911 system, voice communications services providers collect a fee from their customers on
a service identifier basis (e.g., from each active phone line or number with access to the E911 system). All
collected fees are deposited into the Emergency Communications Number E911 System Fund, which is
segregated into three categories (wireless, prepaid wireless, and non-wireless) and distributed as provided by
law to counties and wireless service providers.
The next progression in E911 systems is referred to as Next Generation 911 (NG-911). Funds distributed by
the E911 Board support routine, ongoing service and maintenance costs of equipment and networks but do not
cover all costs to upgrade systems and implement NG-911 technologies.
The bill modifies the powers, duties, and composition of the E911 Board, which is renamed as the Emergency
Communications Board, and expands the list of items that may be funded with E911 fee disbursements. The
bill modifies the statutory allocation of E911 fee revenues in the wireless category to more closely match the
actual allocation approved by the E911 Board and eliminates the small remaining allocation to wireless service
providers.
The bill provides an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Since 1974, Florida law has designated the telephone number “911” as the state’s emergency
communications number to provide rapid direct access to public safety agencies. 1 In 1999, the concept
of “Enhanced 911” or “E911” service was established in Florida law to describe 911 service provided to
wireless telephone users.2 Today, under the Emergency Communications Number E911 Act, 3 the term
“E911,” as used in Florida law, refers more broadly to an enhanced 911 system or service that provides
any user of voice communications services 4 with 911 service. E911 service directs calls to appropriate
public safety answering points (PSAPs) 5 by selective routing based on the geographical location from
which a 911 call originated and provides for automatic number and location identification. 6
The next progression in E911 systems is referred to as Next Generation 911 (NG-911). According to
the E911 Board’s 2021 Annual Report, NG-911 requires a total replacement of legacy 911 systems
with Internet Protocol (IP) networks and core services. NG-911 includes IP-based 911 call routing
systems, geographic information systems, and management information systems to be implemented
statewide with interconnectivity among systems and across jurisdictional boundaries. An NG-911 call
routing system is designed to handle voice, data, text and video on a standardized IP-based platform.7
Governance
The Division of Telecommunications (Division) within the Department of Management Service (DMS) is
the state entity responsible for developing, maintaining, and implementing a statewide E911 system
plan. The secretary of DMS or his or her designee acts as the director of the system and is authorized
to coordinate the activities of the system with state, county, local, and private agencies . The system
director must consult, cooperate, and coordinate with local law enforcement agencies.8
The system director also serves as chair of the state’s E911 Board, an 11-member body that
administers funds derived from fees imposed on each user of voice communications services with a
Florida billing address (place of primary use). The remaining 10 members are appointed by the
Governor. Five members must be county 911 coordinators, including one from a rural county, one from
a medium county, one from a large county, and two at-large representatives recommended by the
Florida Association of Counties in consultation with the county 911 coordinators. The other five
members represent the telecommunications industry, including three representatives of local exchange
companies and two representatives of the wireless industry. Members are appointed to staggered 4-
year terms, subject to a limit of two successive terms. 9
Funding
1 Ch. 74-357, L.O.F.
2 See Ch. 99-367, L.O.F.
3 Ch. 2007-78, L.O.F.
4
S. 365.172, F.S., defines “voice communications services” as “two -way voice service, through the use of any technology, which
actually provides access to E911 services, and includes commu nications services, as defined in s. 202.11, which actually provide
access to E911 services and which are required to be included in the provision of E911 services pursuant to orders and rules adopted
by the Federal Communications Commission. The term includes voice-over-Internet-protocol service. …”
5 S. 365.172, F.S., defines a “public safety answering point” as “the public safety agency that receives incoming 911 requests for
assistance and dispatches appropriate public safety agencies to respond to the requests in accordance with the state E911 pla n.”
6 E911 service provided by a wireless provider is subject to orders and rules of the Federal Communications Commission. See s.
365.172(3)(h) and (t), F.S.
7 Florida Department of Management Services, 2021 E911 Board Annual Report, at p. 9-10, available at
https://www.dms.myflorida.com/content/download/155677/1033501/E911BoardAnnualReportFor20202021final_2.28.2022.pdf (last
visited March 3, 2023).
8 S. 365.171(4) and (5), F.S.
9 S. 365.172(5), F.S.
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To fund Florida’s E911 system, voice communications services providers (providers) collect a fee from
their customers on a service identifier basis (e.g., from each active phone line or number with access to
the E911 system). The fee is imposed upon local exchange service, prepaid and billed wireless service,
and other voice communications services that have access to E911 service, such as Voice over
Internet Protocol.10 Sellers of prepaid wireless service (sellers) must collect this fee from customers
with each retail transaction in the state.11 The fee is currently set at a uniform statewide rate of 40 cents
per month for each service identifier.12 The E911 Board is authorized to adjust the fee as necessary to
ensure full recovery of the costs incurred by counties and wireless service providers to provide E911
service and to prevent over-recovery of those costs, subject to a cap of 50 cents per month for each
service identifier.13,14
All collected fees are deposited into the Emergency Communications Number E911 System Fund,
which is segregated into three categories: wireless, prepaid wireless, and non-wireless.15 Three percent
of the funds in each category is distributed by the E911 Board to rural counties to provide facilities and
network and service enhancements and assistance for their 911 or E911 systems and for grants to
rural counties to upgrade and replace E911 systems. Further, the E911 Board may retain no more than
one percent of the funds from each category to cover its administrative costs. For fiscal year (FY) 2020-
2021, the E911 Board distributed the remaining 96% of funds to counties and wireless providers as
follows:16
Wireless Category
o 94.75% to counties for authorized expenditures and costs to comply with FCC
requirements for E911 service (funds allocated by county based on total number of
service identifiers in each county)
o An additional 1% to rural county grants
o 0.25% to wireless service providers for reimbursement of actual costs to provide 911 or
E911 service and costs to comply with FCC requirements for E911 service 17
Prepaid Wireless Category
o 61% to counties for authorized expenditures (funds allocated by county based on total
amount of fees reported and paid in each county)
o 35% for statewide grants awarded by the E911 Board18
Non-Wireless Category
o 96% to counties for authorized expenditures (funds allocated by county based on total
number of service identifiers in each county
The E911 Board’s 2021 Annual Report states that, for FY 2020-2021, the allocation from the wireless
category to wireless service providers was decreased from 8% down to 0.25% due to a decrease in the
10 S. 365.172(8), F.S.
11 S. 365,172(9), F.S. Collection is optional for prepaid wireless service sales of 10 minutes or less or $5 or less.
12
S. 365.172(8), F.S. In counties that, before July 1, 2007, had adopted an ordinance or resolution establishing a fee less than 50 cents
per month per line, the applicable rate may be higher than 40 cents per month, but any future changes must be consistent with the
uniform statewide rate. Those counties are Duval (44 cents per month), Lee (44 cents per month), and Volusia (41 cents per month).
Florida Department of Management Service, supra note 5, at 7.
13 Id.
14
The statutory fee cap of 50 cents per month has remained unchanged since its adoption in 1985. See Ch. 85-317, L.O.F.
15 S. 365.172(3)(k), (8)(d), and (9)(i); s. 365.173(1)(c), F.S. Each provider may retain 1 percent of collected fees as reimburs ement for
its administrative costs to bill, collect, and remit the fee. Each seller of prepaid wi reless service may retain 5 percent of collected fees as
a collection allowance. Fees collected from prepaid wireless service are remitted to the Department of Revenue, which may ret ain up to
3.2 percent of remitted fees to reimburse its direct costs to administer collection and remittance of the fees.
16 S. 365.173 (2), F.S., specifies the allocation of these funds but authorizes the E911 Board to modify allocations if necessar y to
ensure full cost recovery or prevent over-recovery of costs incurred in the provision of E911 service. The allocations presented above
are based on the E911 Board’s 2021 Annual Report, supra note 6.
17 The E911 Board may use, as needed, undisbursed funds from the allotment to wireless service providers to provide grants to
counties for purposes of upgrading E911 systems. S. 365.172(6)(a)3.b., F.S.
18 Grants awarded with these funds are prioritized as follows: first, for counties to upgrade or replace E911 systems; next, for counties
to develop and maintain statewide 911 routing, geographic, and management information systems; last, for counties to develop and
maintain next-generation 911 services and equipment. S. 365.173(h), F.S.
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need for reimbursements to those providers. As a result, the allocation to counties increased by 6.75%,
and the remaining 1% was allocated to rural county grants.
Authorized expenditures include all costs directly attributable to the establishment or provision of E911
service and contracting for E911 services. Specifically, these costs include the acquisition,
implementation, and maintenance of PSAP equipment and E911 service features, as defined in voice
communications services providers’ published schedules, or the acquisition, installation, and
maintenance of other E911 equipment, including:
Circuits
Call answering equipment
Call transfer equipment
ANI or ALI controllers
ANI or ALI displays
Station instruments
E911 telecommunications systems
Visual call information and storage devices
Recording equipment
Telephone devices and other equipment for the hearing impaired used in the E911 system
PSAP backup power systems
Consoles
Automatic call distributors, and interfaces, including hardware and software, for computer-aided
dispatch (CAD) systems
Integrated CAD systems for that portion of the systems used for E911 call taking
GIS system and software equipment and information displays
Network clocks
Salary and associated expenses for E911 call takers for that portion of their time spent taking
and transferring E911 calls, salary, and associated expenses for a county to employ a full-time
equivalent E911 coordinator position and a full-time equivalent mapping or geographical data
position, and technical system maintenance, database, and administration personnel for the
portion of their time spent administrating the E911 system
Emergency medical, fire, and law enforcement prearrival instruction software
Charts and training costs
Training costs for PSAP call takers, supervisors, and managers in the proper methods and
techniques used in taking and transferring E911 calls
Costs to train and educate PSAP employees regarding E911 service or E911 equipment,
including fees collected by the Department of Health for the certification and recertification of
911 public safety telecommunicators as required under s. 401.465
Expenses required to develop and maintain all information, including ALI and ANI databases
and other information source repositories, necessary to properly inform call takers as to location
address, type of emergency, and other information directly relevant to the E911 call-taking and
transferring function.
Next-generation E911 network services, next-generation E911 database services, next-
generation E911 equipment, and wireless E911 routing systems.
For FY 2020-2021, the E911 Board disbursed a total of $121.3 million. Of that amount, $104.8 million
was disbursed to counties through regular monthly disbursements, $1.14 million was disbursed to
wireless service providers, and $2 million was retained to cover the operation and administration of the
E911 Board. The remaining $13.36 million was disbursed to counties as grants and supplemental
disbursements.19
Status of Statewide E911, NG-911, and Text-to-911 Services
19 Florida Department of Management Services, supra note 7, at 8.
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All 67 counties in Florida maintain and upgrade non-wireless and wireless E911 systems. Funds
distributed by the E911 Board support routine, ongoing service and maintenance costs of equipment
and networks but do not cover all costs to upgrade systems and implement NG-911 technologies. In
2021, fee revenue, special disbursements, and grants funded 44 percent of counties’ total expenses. 20
An early step toward NG-911 is the provision of Text-to-911 service, which uses Short Message
Service (SMS) to allows citizens who cannot hear or speak to gain access to 911 without the
requirement of special equipment or subscription to relay services for the hearing and speech impaired.
As of December 31, 2021, 85 percent of Florida counties (57 of 67), offered Text-to-911 service, with
the remainder estimated to be completed in 2022.21
According to the E911 Board, some of the more progressive and financially capable counties in the
state have already either started the NG-911 planning for their counties or have begun the transition to
NG-911 ready systems and networks without grant or supplemental funding sources. Some counties
are taking advantage of E911 State Grant opportunities to initiate the NG911 transition.
Effect of the Bill
The bill modifies the powers, duties, and composition of the E911 Board, which is renamed as the
Emergency Communications Board (Board), and expands the list of items that may be funded with
E911 fee disbursements. The bill modifies the statutory allocation of E911 fee revenues in the wireless
category to more closely match the actual allocation approved by the Board and eliminates the small
remaining allocation to wireless service providers.
The bill amends the short title of s. 365.172, F.S., to reflect a move away from using the term “E911” in
statute, by renaming the section the “Emergency Communications Act” (Act). The bill further reflects
this change by replacing or striking language referencing “E911” throughout ss. 365.171-365.174, F.S.,
s. 365.177, F.S., and s. 212.05965, F.S.
The bill modifies the legislative intent of the Act. Per the changes in the bill, it is the intent of the
legislature that the Act:
Establish and implement statewide emergency communications and response capabilities using
modern technologies and methods;
Provide funds to counties and state agencies that operate 911 centers for the costs of public
safety and emergency response capabilities and costs incurred to purchase, upgrade, and
maintain 911, computer aided dispatch, and interoperable radio communications systems;
Levy a reasonable fee on users of voice communications services to accomplish these
purposes;
Provide for an Emergency Communications Board that is competitively and technologically
neutral as to all communications services providers, not just voice communications services
providers; and
Ensure that the fee established by the Act for emergency communications systems is used
exclusively by counties and state agencies that operate 911 centers.
The bill modifies the powers, duties, and composition of the newly renamed Emergency
Communications Board. The bill states that the Board, with oversight by the Division of
Telecommunications (Division), is established to:
Administer governance for how emergency infrastructure and information are handled from
receipt at a Public Safety Answering Point (PSAP) and routing to first responders;
Create a financial model for the state government and local governments to use existing
revenue sources to invest in public safety communication and technology for first responders;
and
20 Id., at 9, 15.
21 Id.
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Administer a financially stable model of public safety communications and technology that will
benefit the state government, local government, residents, and visitors.
The bill specifies that the public safety funding administered by the board is not limited to, but must
focus on:
Next Generation 911 (NG911);22
Emergency Services IP Network (ESInet);
Computer Aided Dispatch (CAD);23
Land Mobile Radio (LMR);
Smart (Safe) City Technology;
In-Building Coverage;
Public Safety Broadband Networks; and
Cyber Security.
The bill revises the structure of the Board, by reducing the number of Board members from eleven to
seven, one of whom must be the system director. The bill states that the remaining six members of the
Board must be representatives of the first responder community, appointed by the Governor. The bill
updates how the Governor may initially appoint members, by staggering the terms for which the initial
Board members may be appointed.
Under the bill, the Board is given the additional responsibility of ensuring the interoperability of and
connectivity between public safety communication systems within the state, such as:
Call routing accuracy and timeliness of response;
Improved interagency communication and situational awareness;
Improved interagency connectivity;
Improved response times;
Maximized use of emerging technologies;
Improved lifecycle management of the emergency response systems, equipment, and services
that enable public safety officials to share information securely;
Policy and procedure across public safety agencies; and
Resilient, and secure emergency communication systems to reduce cybersecurity threats and
vulnerabilities.
The bill also provides that the Board may create subcommittees to advise the Board as needed, and
the Board may establish a schedule for implementing NG11 systems, public radio communications
systems, and other public safety radio communications improvements. Under the current law, the
Board must establish a committee to review requests for proposals. The bill removes the requirement
that one member of such committee is a member of the Board that is a county 911 coordinator and one
member of such committee is a member of the Board who represents a voice communications services
provider.
Per the bill, the Board is also responsible for administering the Public Safety Emergency
Communications Systems Fee (formerly the “E911” fee), including receiving revenues, distributing
portions of the revenues, accounting for the moneys maintained in the fund, and providing annual
reports for review and submission to the Governor and the Legislature.
The bill states that before the Board distributes revenue from the fund, it must provide 90 days’ written
notice to all counties and publish electronically an approved application process. The bill provides
22 The bill defines “Next Generation 911” or “NG911” as an Internet Protocol (IP) -based system comprised of:
• Managed Emergency Services IP networks (ESInets);
• Functional elements (applications); and
• Databases that replicate traditional E911 features and functions and provide additional capabilities.
The bill further clarifies that the NG911 system is “designed to provide access to emergency services from all connected
communications sources and provide multimedia data capabilities for Public Safety Answering Points (PSAPs) and other emergency
service organizations.”
23 The bill defines “Computer Aided Dispatch” or “CAD” as “a computerized system for entering, tracking, dispatching, and resolving
requests for public safety services.”
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means by which county applications must be prioritized, which shall be based on the availability of
funds, current system life expectancy, and system replacement needs. The board must, within its
authority, ensure that county recipients of the funds use the funds only for the purpose under which the
board provided. If the Board determines that the funds were not used for the purpose for which they
were provided, the Board may, within its authority, secure county repayment of such funds.
The bill specifies that the Board must meet quarterly to review and authorize the schedule of fee
allocation transfers and distributions to the counties and state agencies that operate 911 centers.
The bill strikes the following provisions under current law related to the Public Safety Emergency
Communications Systems Fee:
A provider is not obligated to take legal action to enforce the collection of the fee for which a
subscriber is billed, and a county subscribing to 911 service remains liable to the provider
delivering the 911 service or equipment for any 911 service, equipment, operation, or
maintenance charge owed by the county to the provider;
A county that before July 1, 2007, had a adopted an ordinance or resolution establishing a fee
of less than 50 cents per month per access line is an exception to the requirement that the fee
of 40 cents per month be applied uniformly and throughout the state; and
The requirement that when the Board sets percentages or contemplates any adjustments to the
fee, that the Board consider revenues currently allocated for wireless service provider costs for
implementing E911 service and projected costs for implementing E911 service, including
recurring costs for Phase I and Phase II and the effect of new technologies.
For the purposes of the fees, the bill states that emergency communications and 911 service include
the functions relating to the receipt and transfer of requests for emergency assistance, of database
management, call taking, and location verification. The bill also updates the list of costs that are eligible
for expenditure of moneys derived from imposition of the fee. These costs now include:
NG911 telecommunications systems;
Emergency Services IP Network ESInet;
Public safety land mobile radio systems (LMR) and radios;
In-building coverage;
Cybersecurity, including hardware, software, and services;
Salary associated with expenses for all 911 call takers and emergency dispatchers;
Costs to train and educate employees regarding 911 radio service or NG911 equipment; and
Smart City Technologies, public safety broadband networks, and other information directly
relevant to the public safety emergency communications systems and equipment.
The bill further clarifies that money from the fee may not be used for costs for utilities.
The bill modifies the statutory allocation of fee revenues in the wireless category by providing that:
Ninety-five, instead of seventy-six, percent of the funds shall be distributed each month to
counties, based on the total number of service identifiers in each county;
An additional one percent of the funds shall be used to make monthly distributions to rural
counties for certain purposes; and
The Board will no longer transfer twenty percent of the funds to wireless providers for the cost of
operating 911 or E911 services.
Lastly, the bill provides that the Division shall develop a new plan by December 30, 2023, to upgrade
911 public safety answering points within the state to allow the transfer of an emergency call from one
local, multijurisdictional, or regional E911 system to another local, multijurisdictional, or regional E911
system in the state.
The bill provides and effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1. Amends s. 365.172, F.S., relating to emergency communications.
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Section 2. Amends s. 365.173, F.S., relating to Emergency Communications Fund.
Section 3. Amends s. 365.177, F.S., relating to transfers of E911 calls between systems.
Section 4. Amends s. 212.05965, F.S., relating to taxation of marketplace sales.
Section 5. Amends s. 365.171, F.S., relating to emergency communications state plan.
Section 6. Amends s. 365.174, F.S., relating to proprietary confidential business information.
Section 7. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The may increase revenues to state agencies that operate 911 call centers.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may increase revenues to local governments by increasing the allocation of funds from the
wireless category to counties.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
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None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill indicates that the Board is established to “[a]dminister governance for how emergency
infrastructure and information, such as voice, text, data, and images, are handled from receipt at a
PSAP and routing to first responders”. This language is ambiguous as to whether the Board is
supposed to adopt policies, enforce them, or both.
The bill also states that the Board is established to “[a]dminister a financially sustainable model
dedicated to public safety communications and technology . . .” The bill does not indicate what type of
model is contemplated.
The bill uses the term “Smart (Safe) City Technology” but this term is not defined.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 745 2023
1 A bill to be entitled
2 An act relating to emergency communications; amending
3 s. 365.172, F.S.; revising short title; revising
4 legislative intent; revising and providing
5 definitions; renaming the E911 Board as the Emergency
6 Communications Board; providing the purpose of the
7 board; revising the composition of the board;
8 establishing board responsibilities; requiring the
9 board to administer fees; authorizing the board to
10 create subcommittees; authorizing the board to
11 establish schedules for implementing certain wireless
12 systems and improvements; establishing notice and
13 publication requirements before distribution of
14 revenues; providing for priority of county
15 applications for funds; requiring board oversight of
16 such funds; eliminating certain authority of the
17 board; providing for the board's authority to
18 implement changes to the allocation percentages or to
19 adjust the fee; revising the frequency of board
20 meetings and the business to be conducted at such
21 meetings; revising the composition of a committee that
22 reviews requests for proposals from the board
23 regarding independent accounting firm selection;
24 revising provisions relating to the public safety
25 emergency communications systems fee; eliminating the
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26 obligation of a provider to take legal action to
27 enforce fee collection and county liability to the
28 provider; requiring uniform application and imposition
29 of the fee; revising the factors that the board
30 considers when setting percentages or contemplating
31 adjustments to the fee; updating provisions relating
32 to the prepaid wireless public safety emergency
33 communications systems fee; revising emergency
34 communications and 911 service functions; revising the
35 types of emergency communications equipment and
36 services that are eligible for expenditure of moneys
37 derived from the fee; amending s. 365.173, F.S.;
38 renaming the Communications Number E911 System Fund as
39 the Emergency Communications Fund; revising the
40 percent distribution of the fund; removing the percent
41 distribution of wireless providers; adding a specified
42 percent distribution to rural counties; amending s.
43 365.177, F.S.; extending the date by which the
44 Division of Telecommunications within the Department
45 of Management Services must develop a plan to upgrade
46 911 public safety answering points; amending ss.
47 212.05965, 365.171, and 365.174, F.S.; conforming
48 provisions to changes made by the act; providing an
49 effective date.
50
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51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 365.172, Florida Statutes, is amended
54 to read:
55 365.172 Emergency communications. number "E911."—
56 (1) SHORT TITLE.—This section may be cited as the
57 "Emergency Communications Number E911 Act."
58 (2) LEGISLATIVE INTENT.—It is the intent of the
59 Legislature to:
60 (a) Establish and implement a comprehensive statewide
61 emergency communications and response capability using modern
62 technologies and methods. telecommunications number system that
63 will provide users of voice communications services within the
64 state rapid direct access to public safety agencies by accessing
65 the telephone number "911."
66 (b) Provide funds to counties and state agencies that
67 operate 911 centers to pay certain costs associated with their
68 public safety emergency response capabilities and costs incurred
69 to purchase, upgrade, and maintain 911 systems, computer aided
70 dispatch, and systems to create interoperable radio
71 communications systems E911 or 911 systems, to contract for E911
72 services, and to reimburse wireless telephone service providers
73 for costs incurred to provide 911 or E911 services.
74 (c) Levy a reasonable fee on users of voice communications
75 services, unless otherwise provided in this section, to
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76 accomplish these purposes.
77 (d) Provide for an Emergency Communications Board E911
78 board to administer the fee, with oversight by the office, in a
79 manner that is competitively and technologically neutral as to
80 all voice communications services providers.
81 (e) Ensure that the fee established for emergency
82 communications systems is used exclusively for recovery by
83 wireless providers and by counties and state agencies that
84 operate 911 centers for costs associated with developing and
85 maintaining emergency communications E911 systems and networks
86 in a manner that is competitively and technologically neutral as
87 to all voice communications services providers.
88
89 It is further the intent of the Legislature that the fee
90 authorized or imposed by this section not necessarily provide
91 the total funding required for establishing or providing
92 emergency communications systems and services E911 service.
93 (3) DEFINITIONS.—Only as used in this section and ss.
94 365.171, 365.173, 365.174, and 365.177, the term:
95 (a) "Authorized expenditures" means expenditures of the
96 fee, as specified in subsection (10).
97 (b) "Automatic location identification" means the
98 capability of the E911 service which enables the automatic
99 display of information that defines the approximate geographic
100 location of the wireless telephone, or the location of the
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101 address of the wireline telephone, used to place a 911 call.
102 (c) "Automatic number identification" means the capability
103 of the E911 service which enables the automatic display of the
104 service number used to place a 911 call.
105 (d) "Board" or "Emergency Communications Board" "E911
106 Board" means the board of directors of the E911 Board
107 established in subsection (5).
108 (e) "Building permit review" means a review for compliance
109 with building construction standards adopted by the local
110 government under chapter 553 and does not include a review for
111 compliance with land development regulations.
112 (f) "Collocation" means the situation when a second or
113 subsequent wireless provider uses an existing structure to
114 locate a second or subsequent antennae. The term includes the
115 ground, platform, or roof installation of equipment enclosures,
116 cabinets, or buildings, and cables, brackets, and other
117 equipment associated with the location and operation of the
118 antennae.
119 (g) "Computer Aided Dispatch" or "CAD" means a
120 computerized system for entering, tracking, dispatching, and
121 resolving requests for public safety services.
122 (h)(g) "Designed service" means the configuration and
123 manner of deployment of service the wireless provider has
124 designed for an area as part of its network.
125 (i)(h) "Enhanced 911" or "E911" means an enhanced 911
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126 system or enhanced 911 service that is an emergency telephone
127 system or service that provides a subscriber with 911 service
128 and, in addition, directs 911 calls to appropriate public safety
129 answering points by selective routing based on the geographical
130 location from which the call originated, or as otherwise
131 provided in the state plan under s. 365.171, and that provides
132 for automatic number identification and automatic location -
133 identification features. E911 service provided by a wireless
134 provider means E911 as defined in the order.
135 (j)(i) "Existing structure" means a structure that exists
136 at the time an application for permission to place antennae on a
137 structure is filed with a local government. The term includes
138 any structure that can structurally support the attachment of
139 antennae in compliance with applicable codes.
140 (k)(j) "Fee" or "public safety emergency communications
141 systems fee" means the E911 fee authorized and imposed under
142 subsections (8) and (9).
143 (l)(k) "Fund" means the Emergency Communications Number
144 E911 System Fund established in s. 365.173 and maintained under
145 this section for the purpose of recovering the costs associated
146 with providing emergency communications 911 service or E911
147 service, including the costs of implementing the order. The fund
148 shall be segregated into wireless, prepaid wireless, and
149 nonwireless categories.
150 (m)(l) "Historic building, structure, site, object, or
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151 district" means any building, structure, site, object, or
152 district that has been officially designated as a historic
153 building, historic structure, historic site, historic object, or
154 historic district through a federal, state, or local designation
155 program.
156 (n)(m) "Land development regulations" means any ordinance
157 enacted by a local government for the regulation of any aspect
158 of development, including an ordinance governing zoning,
159 subdivisions, landscaping, tree protection, or signs, the local
160 government's comprehensive plan, or any other ordinance
161 concerning any aspect of the development of land. The term does
162 not include any building construction standard adopted under and
163 in compliance with chapter 553.
164 (o)(n) "Local exchange carrier" means a "competitive local
165 exchange telecommunications company" or a "local exchange
166 telecommunications company" as defined in s. 364.02.
167 (p)(o) "Local government" means any municipality, county,
168 or political subdivision or agency of a municipality, county, or
169 political subdivision.
170 (q)(p) "Medium county" means any county that has a
171 population of 75,000 or more but less than 750,000.
172 (r)(q) "Mobile telephone number" or "MTN" means the
173 telephone number assigned to a wireless telephone at the time of
174 initial activation.
175 (s) "Next Generation 911" or "NG911" means an Internet
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176 Protocol(IP)-based system comprised of managed Emergency
177 Services IP networks (ESInets), functional elements
178 (applications), and databases that replicate traditional E911
179 features and functions and provides additional capabilities. The
180 NG911 system is designed to provide access to emergency services
181 from all connected communications sources and provide multimedia
182 data capabilities for Public Safety Answering Points (PSAPs) and
183 other emergency service organizations.
184 (t)(r) "Nonwireless category" means the revenues to the
185 fund received from voice communications services providers other
186 than wireless providers.
187 (u)(s) "Office" means the Division of Telecommunications
188 within the Department of Management Services, as designated by
189 the secretary of the department.
190 (v)(t) "Order" means:
191 1. The following orders and rules of the Federal
192 Communications Commission issued in FCC Docket No. 94 -102:
193 a. Order adopted on June 12, 1996, with an effective date
194 of October 1, 1996, the amendments to s. 20.03 and the creation
195 of s. 20.18 of Title 47 of the Code of Federal Regulations
196 adopted by the Federal Communications Commission pursuant to
197 such order.
198 b. Memorandum and Order No. FCC 97-402 adopted on December
199 23, 1997.
200 c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
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201 d. Order No. FCC 98-345 adopted December 31, 1998.
202 2. Orders and rules subsequently adopted by the Federal
203 Communications Commission relating to the provision of 911
204 services, including Order Number FCC-05-116, adopted May 19,
205 2005.
206 (w)(u) "Prepaid wireless category" means all revenues in
207 the fund received through the Department of Revenue from the fee
208 authorized and imposed under subsection (9).
209 (x)(v) "Prepaid wireless service" means a right to access
210 wireless service that allows a caller to contact and interact
211 with 911 to access the 911 system, which service must be paid
212 for in advance and is sold in predetermined units or dollars,
213 which units or dollars expire on a predetermined schedule or are
214 decremented on a predetermined basis in exchange for the right
215 to access wireless service.
216 (y)(w) "Public agency" means the state and any
217 municipality, county, municipal corporation, or other
218 governmental entity, public district, or public authority
219 located in whole or in part within this state which provides, or
220 has authority to provide, firefighting, law enforcement,
221 ambulance, medical, or other emergency services.
222 (z)(x) "Public safety agency" means a functional division
223 of a public agency which provides firefighting, law enforcement,
224 medical, or other emergency services.
225 (aa)(y) "Public safety answering point," "PSAP," or
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226 "answering point" means the public safety agency that receives
227 incoming 911 requests for assistance and dispatches appropriate
228 public safety agencies to respond to the requests in accordance
229 with the state E911 plan.
230 (bb)(z) "Rural county" means any county that has a
231 population of fewer than 75,000.
232 (cc)(aa) "Service identifier" means the service number,
233 access line, or other unique identifier assigned to a subscriber
234 and established by the Federal Communications Commission for
235 purposes of routing calls whereby the subscriber has access to
236 the E911 system.
237 (dd)(bb) "Tower" means any structure designed primarily to
238 support a wireless provider's antennae.
239 (ee)(cc) "Voice communications services" means two-way
240 voice service, through the use of any technology, which actually
241 provides access to 911 E911 services, and includes
242 communications services, as defined in s. 202.11, which actually
243 provide access to 911 E911 services and which are required to be
244 included in the provision of 911 E911 services pursuant to
245 orders and rules adopted by the Federal Communications
246 Commission. The term includes voice-over-Internet-protocol
247 service. For the purposes of this section, the term "voice -over-
248 Internet-protocol service" or "VoIP service" means
249 interconnected VoIP services having the following
250 characteristics:
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251 1. The service enables real-time, two-way voice
252 communications;
253 2. The service requires a broadband connection from the
254 user's locations;
255 3. The service requires IP-compatible customer premises
256 equipment; and
257 4. The service offering allows users generally to receive
258 calls that originate on the public switched telephone network
259 and to terminate calls on the public switched telephone network.
260 (ff)(dd) "Voice communications services provider" or
261 "provider" means any person or entity providing voice
262 communications services, except that the term does not include
263 any person or entity that resells voice communications services
264 and was assessed the fee authorized and imposed under subsection
265 (8) by its resale supplier.
266 (gg)(ee) "Wireless 911 system" or "wireless 911 service"
267 means an emergency telephone system or service that provides a
268 subscriber with the ability to reach an answering point by
269 accessing the digits 911.
270 (hh)(ff) "Wireless category" means the revenues to the
271 fund received from a wireless provider from the fee authorized
272 and imposed under subsection (8).
273 (ii)(gg) "Wireless communications facility" means any
274 equipment or facility used to provide service and may in clude,
275 but is not limited to, antennae, towers, equipment enclosures,
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276 cabling, antenna brackets, and other such equipment. Placing a
277 wireless communications facility on an existing structure does
278 not cause the existing structure to become a wireless
279 communications facility.
280 (jj)(hh) "Wireless provider" means a person who provides
281 wireless service and:
282 1. Is subject to the requirements of the order; or
283 2. Elects to provide wireless 911 service, or E911
284 service, or NG911 service in this state.
285 (kk)(ii) "Wireless service" means "commercial mobile radio
286 service" as provided under ss. 3(27) and 332(d) of the Federal
287 Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
288 the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-
289 66, August 10, 1993, 107 Stat. 312. The term includes service
290 provided by any wireless real-time two-way wire communication
291 device, including radio-telephone communications used in
292 cellular telephone service; personal communications service; or
293 the functional or competitive equivalent of a radio-telephone
294 communications line used in cellular telephone service, a
295 personal communications service, or a network radio access line.
296 The term does not include wireless providers that offer mainly
297 dispatch service in a more localized, noncellular configuration;
298 providers offering only data, one-way, or stored-voice services
299 on an interconnected basis; providers of air-to-ground services;
300 or public coast stations.
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301 (4) POWERS AND DUTIES OF THE OFFICE.—The office shall
302 oversee the administration of the fee authorized and imposed
303 under subsections (8) and (9).
304 (5) THE EMERGENCY COMMUNICATIONS E911 BOARD.—
305 (a) The Emergency Communications E911 Board is established
306 to administer, with oversight by the office, to:
307 1. Administer governance for how emergency infrastructure
308 and information, such as voice, text, data, and images, are
309 handled from receipt at a PSAP and routing to first responders;
310 2. Establish a financial model for the state and local
311 governments to use existing revenue sources to invest in public
312 safety communication and technology for first responders; and
313 3. Administer a financially sustainable model dedicated to
314 public safety communications and technology that will benefit
315 the state and local governments and all state residents and
316 visitors.
317 (b) Public safety funding under paragraph (a) must focus
318 on, but not be limited to:
319 1. Next Generation 911.
320 2. Emergency Services IP Network (ESInet).
321 3. Computer Aided Dispatch (CAD).
322 4. Land Mobile Radio (LMR).
323 5. Smart (Safe) City Technology.
324 6. In-Building Coverage.
325 7. Public Safety Broadband Networks.
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326 8. Cyber Security.
327 , with oversight by the office, the fee imposed under
328 subsections (8) and (9), including receiving revenues derive d
329 from the fee; distributing portions of the revenues to wireless
330 providers, counties, and the office; accounting for receipts,
331 distributions, and income derived by the funds maintained in the
332 fund; and providing annual reports to the Governor and the
333 Legislature for submission by the office on amounts collected
334 and expended, the purposes for which expenditures have been
335 made, and the status of E911 service in this state. In order to
336 advise and assist the office in implementing the purposes of
337 this section, the board, which has the power of a body
338 corporate, has the powers enumerated in subsection (6).
339 (c)(b) The board shall consist of 7 11 members, one of
340 whom must be the system director designated under s. 365.171(5),
341 or his or her designee, who shall serve as the chair of the
342 board. The remaining 6 10 members of the board shall be
343 appointed by the Governor and must be composed of
344 representatives from the first responder community 5 county 911
345 coordinators, consisting of a representative from a rural
346 county, a representative from a medium county, a representative
347 from a large county, and 2 at-large representatives recommended
348 by the Florida Association of Counties in consultation with the
349 county 911 coordinators; 3 local exchange carrier member
350 representatives, one of whom must be a representative of the
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351 local exchange carrier having the greatest number of access
352 lines in the state and one of whom must be a representative of a
353 certificated competitive local exchange telecommunications
354 company; and 2 member representatives from the wireless
355 telecommunications industry, with consideration given to
356 wireless providers that are not affiliated with local exchange
357 carriers. Not more than one member may be appointed to represent
358 any single provider on the board.
359 (d)(c) The system director, designated under s.
360 365.171(5), or his or her designee, must be a permanent member
361 of the board. Each of the remaining 6 10 members of the board
362 shall be appointed to a 4-year term and may not be appointed to
363 more than two successive terms. However, for the purpose of
364 staggering terms, two of the original board members shall be
365 appointed to terms of 4 years, two shall be appointed to terms
366 of 3 years, and two four shall be appointed to terms of 2 years,
367 as designated by the Governor. A vacancy on the board shall be
368 filled in the same manner as the original appointment.
369 (e) The board shall be responsible for ensuring
370 interoperability of and connectivity between public safety
371 communication systems within the state, including, but not
372 limited to, the following:
373 1. Call routing accuracy and timeliness of response.
374 2. Improved interagency communication and situational
375 awareness.
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376 3. Improved interagency system connectivity.
377 3. Improved response times.
378 4. Maximized use of emerging technologies.
379 5. Improved lifecycle management of the systems,
380 equipment, and services that enable responders and public safety
381 officials to share information securely.
382 6. Developed governance, policy, and procedure across
383 public safety agencies.
384 7. Established resilient and secure emergency
385 communication systems to reduce cybersecurity threats and
386 vulnerabilities.
387 (f) The board shall administer the fee imposed under
388 subsections (8) and (9), including receiving revenues derived
389 from the fee; distributing portions of the revenues to counties,
390 state agencies that operate 911 centers, and the office;
391 accounting for receipts, distributions, and income derived by
392 the funds maintained in the fund; and providing annual reports
393 for review and submission to the Governor and the Legislature on
394 amounts collected and expended, the purposes for which
395 expenditures have been made, and the status of emergency
396 communications services in this state.
397 (g) The board may create subcommittees to advise the
398 board, as needed.
399 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
400 (a) The board shall:
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401 1. Administer the public safety emergency communications
402 systems E911 fee.
403 2. Implement, maintain, and oversee the fund.
404 3. Review and oversee the disbursement of the revenues
405 deposited into the fund as provided in s. 365.173.
406 a. The board may establish a schedule for implementing
407 wireless NG911 systems, public safety radio communications
408 systems, and other public safety communications improvements
409 E911 service by service area, and prioritize disbursements of
410 revenues from the fund to providers and rural counties as
411 provided in s. 365.173(2)(f) s. 365.173(2)(e) and (g) pursuant
412 to the schedule, in order to implement 911 E911 services in the
413 most efficient and cost-effective manner.
414 b. Before the distribution of revenues from the fund, the
415 board shall provide 90 days' written notice to all counties and
416 publish electronically an approved application process. County
417 applications shall be prioritized based on the availability of
418 funds, current system life expectancy, and system replacement
419 needs. The board shall take all actions within its authority to
420 ensure that county recipients of such funds use these funds only
421 for the purpose under which they have been provided and may take
422 any actions within its authority to secure county repayment of
423 revenues upon a determination that the funds were not used for
424 the purpose for which the funds were dispersed.
425 b. Revenues in the fund which have not been disbursed
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426 because sworn invoices as required by s. 365.173(2)(e) have not
427 been submitted to the board may be used by the board as needed
428 to provide grants to counties for the purpose of upgrading E911
429 systems. The counties must use the funds only for capital
430 expenditures or remotely provided hosted 911 answering point
431 call-taking equipment and network services directly attributable
432 to establishing and provisioning E911 services, which may
433 include next-generation deployment. Prior to the distribution of
434 grants, the board shall provide 90 days' written notice to all
435 counties and publish electronically an approved application
436 process. County grant applications shall be prioritized based on
437 the availability of funds, current system life expectan cy,
438 system replacement needs, and Phase II compliance per the
439 Federal Communications Commission. No grants will be available
440 to any county for next-generation deployment until all counties
441 are Phase II complete. The board shall take all actions within
442 its authority to ensure that county recipients of such grants
443 use these funds only for the purpose under which they have been
444 provided and may take any actions within its authority to secure
445 county repayment of grant revenues upon determination that the
446 funds were not used for the purpose under which they were
447 provided.
448 c. When determining the funding provided in a state 911
449 grant application request, the board shall take into account
450 information on the amount of carryforward funds retained by the
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451 counties. The information will be based on the amount of county
452 carryforward funds reported in the financial audit required in
453 s. 365.173(2)(d). E911 State Grant Program funding requests will
454 be limited by any county carryforward funds in excess of the
455 allowable 30 percent amount of fee revenue calculated on a 2-
456 year basis.
457 d. The board shall reimburse all costs of a wireless
458 provider in accordance with s. 365.173(2)(e) before taking any
459 action to transfer additional funds.
460 e. After taking the action required in sub-subparagraphs
461 a.-d., the board may review and, with all members participating
462 in the vote, adjust the percentage allocations or adjust the
463 amount of the fee as provided under paragraph (8)(g), and, if
464 the board determines that the revenues in the wirel ess category
465 exceed the amount needed to reimburse wireless providers for the
466 cost to implement E911 services, the board may transfer revenue
467 to the counties from the existing funds within the wireless
468 category. The board shall disburse the funds equitably to all
469 counties using a timeframe and distribution methodology
470 established by the board.
471 4. Review documentation submitted by wireless providers
472 which reflects current and projected funds derived from the fee .
473 , and the expenses incurred and expected to be incurred in order
474 to comply with the E911 service requirements contained in the
475 order for the purposes of:
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476 a. Ensuring that wireless providers receive fair and
477 equitable distributions of funds from the fund.
478 b. Ensuring that wireless providers are not provided
479 disbursements from the fund which exceed the costs of providing
480 E911 service, including the costs of complying with the order.
481 c. Ascertaining the projected costs of compliance with the
482 requirements of the order and projected collections of the fee.
483 d. Implementing changes to the allocation percentages or
484 adjusting the fee under paragraph (8)(h).
485 5. Implement changes to the allocation percentages or
486 adjust the fee pursuant to s. 365.173.
487 6.5. Meet quarterly monthly in the most efficient and
488 cost-effective manner, including telephonically when practical,
489 for the business to be conducted, to review and authorize the
490 schedule of fee allocation transfer and distribution to the
491 counties and state agencies that operate 911 centers approve or
492 reject, in whole or in part, applications submitted by wireless
493 providers for recovery of moneys deposited into the wireless
494 category, and to authorize the transfer of, and distribute, the
495 fee allocation to the counties.
496 7.6. Hire and retain employees, which may include an
497 independent executive director who shall possess experience in
498 the area of telecommunications and emergency 911 issues, for the
499 purposes of performing the technical and administrative
500 functions for the board.
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501 8.7. Make and enter into contracts, pursuant to chapter
502 287, and execute other instruments necessary or convenient for
503 the exercise of the powers and functions of the board.
504 9.8. Sue and be sued, and appear and defend in all actions
505 and proceedings, in its corporate name to the same extent as a
506 natural person.
507 10.9. Adopt, use, and alter a common corporate seal.
508 11.10. Elect or appoint the officers and agents that are
509 required by the affairs of the board.
510 12.11. The board may adopt rules under ss. 120.536(1) and
511 120.54 to implement this section and ss. 365.173 and 365.174.
512 13.12. Provide coordination, support, and technical
513 assistance to counties to promote the deployment of advanced
514 public safety emergency communications 911 and E911 systems in
515 the state.
516 14.13. Provide coordination and support for educational
517 opportunities related to 911 E911 issues for the public safety
518 emergency communications E911 community in this state.
519 15.14. Act as an advocate for issues related to public
520 safety emergency communications E911 system functions, features,
521 and operations to improve the delivery of public safety
522 emergency communications E911 services to the residents of and
523 visitors to this state.
524 16.15. Coordinate input from this state at national forums
525 and associations, to ensure that policies related to public
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526 safety emergency communications E911 systems and services are
527 consistent with the policies of the public safety emergency
528 communications E911 community in this state.
529 17.16. Work cooperatively with the system director
530 established in s. 365.171(5) to enhance the state of public
531 safety emergency communications E911 services in this state and
532 to provide unified leadership for all public safety emergency
533 communications E911 issues through planning and coordination.
534 18.17. Do all acts and things necessary or convenient to
535 carry out the powers granted in this section in a manner that is
536 competitively and technologically neutral as to all voice
537 communications services providers, including, but not limited
538 to, consideration of emerging technology and related cost
539 savings, while taking into account embedded costs in current
540 systems.
541 19.18. Have the authority to secure the services of an
542 independent, private attorney via invitation to bid, request for
543 proposals, invitation to negotiate, or professional contracts
544 for legal services already established at the Division of
545 Purchasing of the Department of Management Services.
546 (b) Board members shall serve without compensation;
547 however, members are entitled to per diem and travel expenses as
548 provided in s. 112.061.
549 (c) By February 28 of each year, the board shall prepare a
550 report for submission by the office to the Governor, the
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551 President of the Senate, and the Speaker of the House of
552 Representatives which addresses for the immediately preceding
553 state fiscal year and county fiscal year:
554 1. The annual receipts, including the total amount of fee
555 revenues collected by each provider, the total disbursements of
556 money in the fund, including the amount of fund-reimbursed
557 expenses incurred by each wireless provider to comply with the
558 order, and the amount of moneys on deposit in the fund.
559 2. Whether the amount of the fee and the allocation
560 percentages set forth in s. 365.173 have been or shou ld be
561 adjusted to comply with the requirements of the order or other
562 provisions of this chapter, and the reasons for making or not
563 making a recommended adjustment to the fee.
564 3. Any other issues related to providing emergency
565 communications E911 services.
566 4. The status of public safety emergency communications
567 E911 services in this state.
568 (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING
569 FIRM.—
570 (a) The board shall issue a request for proposals as
571 provided in chapter 287 for the purpose of retaining an
572 independent accounting firm. The independent accounting firm
573 shall perform all material administrative and accounting tasks
574 and functions required for administering the fee. The request
575 for proposals must include, but need not be limited to:
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576 1. A description of the scope and general requirements of
577 the services requested.
578 2. A description of the specific accounting and reporting
579 services required for administering the fund, including
580 processing checks and distributing funds as directed by the
581 board under s. 365.173.
582 3. A description of information to be provided by the
583 proposer, including the proposer's background and qualifications
584 and the proposed cost of the services to be provided.
585 (b) The board shall establish a committee to review
586 requests for proposals which must include the statewide
587 emergency communications systems E911 system director designated
588 under s. 365.171(5), or his or her designee, and two members of
589 the board, one of whom is a county 911 coordinator and one of
590 whom represents a voice communications services provider. The
591 review committee shall review the proposals received by the
592 board and recommend an independent accounting firm to the board
593 for final selection. By agreeing to serve on the review
594 committee, each member of the review committee shall verify that
595 he or she does not have any interest or employment, directly or
596 indirectly, with potential proposers which conflicts in any
597 manner or degree with his or her performance on the committee.
598 (c) The board may secure the services of an independent
599 accounting firm via invitation to bid, request for proposals,
600 invitation to negotiate, or professional contracts already
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601 established at the Division of Purchasing, Department of
602 Management Services, for certified public accounting firms, or
603 the board may hire and retain professional accounting staff to
604 accomplish these functions.
605 (8) PUBLIC SAFETY EMERGENCY COMMUNICATIONS SYSTEMS E911
606 FEE.—
607 (a) Each voice communications services provider shall
608 collect the fee described in this subsection, except that the
609 fee for prepaid wireless service shall be collected in the
610 manner set forth in subsection (9). Each provider, as part of
611 its monthly billing process, shall bill the fee as follows. The
612 fee shall not be assessed on any pay telephone in the state.
613 1. Each voice communications service provider other than a
614 wireless provider shall bill the fee to a subscriber based on
615 the number of access lines having access to the 911 E911 system,
616 on a service-identifier basis, up to a maximum of 25 access
617 lines per account bill rendered.
618 2. Each voice communications service provider other than a
619 wireless provider shall bill the fee to a subscriber on a basis
620 of five service-identified access lines for each digital
621 transmission link, including primary rate interface service or
622 equivalent Digital-Signal-1-level service, which can be
623 channelized and split into 23 or 24 voice-grade or data-grade
624 channels for communications, up to a maximum of 25 access lines
625 per account bill rendered.
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626 3. Except in the case of prepaid wireless service, each
627 wireless provider shall bill the fee to a subscriber on a per -
628 service-identifier basis for service identifiers whose primary
629 place of use is within this state. The fee may shall not be
630 assessed on or collected from a provider with respect to an end
631 user's service if that end user's service is a prepaid wireless
632 service sold before January 1, 2015.
633 4. Except in the case of prepaid wireless service, each
634 voice communications services provider not addressed under
635 subparagraphs 1., 2., and 3. shall bill the fee on a per -
636 service-identifier basis for service identifiers whose primary
637 place of use is within the state up to a maximum of 25 service
638 identifiers for each account bill rendered.
639
640 The provider may list the fee as a separate entry on each bill,
641 in which case the fee must be identified as a fee for 911 E911
642 services. A provider shall remit the fee to the board only if
643 the fee is paid by the subscriber. If a provider receives a
644 partial payment for a monthly bill from a subscriber, the amount
645 received shall first be applied to the payment due the provider
646 for providing voice communications service.
647 (b) A provider is not obligated to take any legal action
648 to enforce collection of the fees for which any subscriber is
649 billed. A county subscribing to 911 service remains liable to
650 the provider delivering the 911 service or equipment for any 911
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651 service, equipment, operation, or maintenance charge owed by the
652 county to the provider.
653 (b)(c) For purposes of this subsection, the state and
654 local governments are not subscribers.
655 (c)(d) Each provider may retain 1 percent of the amount of
656 the fees collected as reimbursement for the administrative costs
657 incurred by the provider to bill, collect, and remit the fee.
658 The remainder shall be delivered to the board and deposited by
659 the board into the fund. The board shall distribute the
660 remainder pursuant to s. 365.173.
661 (d)(e) Voice communications services providers billing the
662 fee to subscribers shall deliver revenues from the fee to the
663 board within 60 days after the end of the month in which the fee
664 was billed, together with a monthly report of the number of
665 service identifiers in each county. Each wireless provider and
666 other applicable provider identified in subparagraph (a)4. sh all
667 report the number of service identifiers for subscribers whose
668 place of primary use is in each county. All provider subscriber
669 information provided to the board is subject to s. 365.174. If a
670 provider chooses to remit any fee amounts to the board befor e
671 they are paid by the subscribers, a provider may apply to the
672 board for a refund of, or may take a credit for, any such fees
673 remitted to the board which are not collected by the provider
674 within 6 months following the month in which the fees are
675 charged off for federal income tax purposes as bad debt.
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676 (e)(f) The rate of the fee may not exceed 50 cents per
677 month for each service identifier. Effective January 1, 2015,
678 the fee shall be 40 cents per month for each service identifier.
679 The fee shall apply uniformly and be imposed throughout the
680 state, except for those counties that, before July 1, 2007, had
681 adopted an ordinance or resolution establishing a fee less than
682 50 cents per month per access line. In those counties the fee
683 established by ordinance may be changed only to the uniform
684 statewide rate no sooner than 30 days after notification is made
685 by the county's board of county commissioners to the board .
686 (f)(g) The board may adjust the allocation percentages for
687 distribution of the fund as provided in s. 365.173. No sooner
688 than June 1, 2015, the board may adjust the rate of the fee
689 under paragraph (f) based on the criteria in this paragraph and
690 paragraph (h). Any adjustment in the rate must be approved by a
691 two-thirds vote of the total number of E911 board members. When
692 setting the percentages or contemplating any adjustments to the
693 fee, the board shall consider the following:
694 1. The revenues currently allocated for wireless service
695 provider costs for implementing E911 service and projected costs
696 for implementing E911 service, including recurring costs for
697 Phase I and Phase II and the effect of new technologies;
698 1.2. The appropriate level of funding needed to fund the
699 rural grant program provided for in s. 365.173(2)(f) s.
700 365.173(2)(g); and
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701 2.3. The need to fund statewide, regional, and county
702 grants in accordance with sub-subparagraph (6)(a)3.b. and s.
703 365.173(2)(g) s. 365.173(2)(h).
704 (g)(h) The board may adjust the allocation percentages or
705 adjust the amount of the fee as provided in paragraph (f) (g) if
706 necessary to ensure full cost recovery or prevent over recovery
707 overrecovery of costs incurred in the provision of 911 E911
708 service, including costs incurred or projected to be incurred to
709 comply with the order. Any new allocation percentages or reduced
710 or increased fee may not be adjusted for 1 year. In no event
711 shall the fee exceed 50 cents per month for each service
712 identifier. The fee, and any board adjustment of the fee, shall
713 be uniform throughout the state, except for the counties
714 identified in paragraph (f). No less than 90 days before the
715 effective date of any adjustment to the fee, the board shall
716 provide written notice of the adjusted fee amount and effective
717 date to each voice communications services provider from which
718 the board is then receiving the fee.
719 (h)(i) It is the intent of the Legislature that all
720 revenue from the fee be used as specified in s. 365.173(2)(a)-
721 (h) s. 365.173(2)(a)-(i).
722 (i)(j) State and local taxes do not apply to the fee. The
723 amount of the E911 fee collected by a provider may not be
724 included in the base for imposition of any tax, fee, surcharge,
725 or other charge imposed by this state, any political subdivision
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726 of this state, or any intergovernmental agency.
727 (j)(k) A local government may not levy the fee or any
728 additional fee on providers or subscribers for the provision of
729 911 E911 service.
730 (k)(l) For purposes of this section, the definitions
731 contained in s. 202.11 and the provisions of s. 202.155 apply in
732 the same manner and to the same extent as the definitions and
733 provisions apply to the taxes levied under chapter 202 on mobile
734 communications services.
735 (9) PREPAID WIRELESS PUBLIC SAFETY EMERGENCY
736 COMMUNICATIONS SYSTEMS E911 FEE.—
737 (a) Effective January 1, 2015, a prepaid wireless E911 fee
738 is imposed per retail transaction at the rate established in
739 paragraph (8)(f). In order to allow sellers of all sizes and
740 technological capabilities adequate time to comply with this
741 subsection, a seller of prepaid wireless service operating in
742 this state before the prepaid wireless E911 fee is imposed shall
743 retain 100 percent of the fee collected under this paragraph for
744 the first 2 months to offset the cost of setup.
745 (a)(b) Effective July 1, 2023 March 1, 2015, the prepaid
746 wireless E911 fee imposed under paragraph (a) shall be subject
747 to remittance in accordance with paragraph (f) (g). In no event
748 shall the fee exceed 50 cents for each retail transaction. At
749 least 90 days before the effective date of any adjustment to the
750 fee under paragraph (8)(f) (8)(g), the Department of Revenue
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751 shall provide written notice of the adjusted fee amount and its
752 effective date to each seller from which the department is then
753 receiving the fee. At least 120 days before the effective date
754 of any adjustment to the fee imposed under this subsection, the
755 board shall provide notice to the Department of Revenue of the
756 adjusted fee amount and effective date of the adjustment.
757 (b)(c) The prepaid wireless E911 fee shall be collected by
758 the seller from the consumer with respect to each retail
759 transaction occurring in this state. The amount of the prepaid
760 wireless E911 fee shall be separately stated on an invoice,
761 receipt, or other similar document that is provided to the
762 consumer by the seller or otherwise disclosed to the consumer.
763 (c)(d) For purposes of paragraph (b) (c), a retail
764 transaction that takes place in person by a consumer at a
765 business location of the seller shall be treated as occurring in
766 this state if that business location is in this state. Such
767 transaction is deemed to have occurred in the county of the
768 business location. When a retail transaction does not take place
769 at the seller's business location, the transaction shall be
770 treated as taking place at the consumer's shipping address or,
771 if no item is shipped, at the consumer's address or the location
772 associated with the consumer's mobile telephone number. Such
773 transaction is deemed to have occurred in the county of the
774 consumer's shipping address when items are shipped to the
775 consumer or, when no items are shipped, the county of the
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776 consumer's address or the location associated with the
777 consumer's mobile telephone number. A transaction for which the
778 specific Florida county cannot be determined shall be treated as
779 nonspecific.
780 (d)(e) If a prepaid wireless device is sold for a single,
781 nonitemized price with a prepaid wireless service of 10 minutes
782 or less or $5 or less, the seller may elect not to apply the
783 prepaid wireless E911 fee to the transaction.
784 (e)(f) The amount of the prepaid wireless E911 fee that is
785 collected by a seller from a consumer and that is separately
786 stated on an invoice, receipt, or similar document provided to
787 the consumer by the seller, may not be included in the base for
788 imposition of any tax, fee, surcharge, or other charge that is
789 imposed by this state, any political subdivision of this state,
790 or any intergovernmental agency.
791 (f)(g) Beginning July 1, 2023 April 1, 2015, each seller
792 shall file a return and remit the prepaid wireless E911 fees
793 collected in the previous month to the Department of Revenue on
794 or before the 20th day of the month. If the 20th day falls on a
795 Saturday, Sunday, or legal holiday, payments accompanied by
796 returns are due on the next succeeding day that is not a
797 Saturday, Sunday, or legal holiday observed by federal or state
798 agencies as defined in chapter 683 and s. 7503 of the Internal
799 Revenue Code of 1986, as amended. A seller may remit the prepaid
800 wireless E911 fee by electronic funds transfer and file a fee
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801 return with the Department of Revenue that is initiated through
802 an electronic data interchange.
803 1. When a seller is authorized by the Department of
804 Revenue pursuant to s. 212.11(1)(c) or (d) to file a sales and
805 use tax return on a quarterly, semiannual, or annual reporting
806 basis, the seller may file a return and remit the prepaid
807 wireless E911 fees on or before the 20th day of the month
808 following the authorized reporting period for sales and use tax.
809 2. A seller collecting less than $50 per month of prepaid
810 wireless E911 fees may file a quarterly return for the calendar
811 quarters ending in March, June, September, and December. The
812 seller must file a return and remit the prepaid wireless E911
813 fees collected during each calendar quarter on or before the
814 20th day of the month following that calendar quarter.
815 3. A seller must provide the following information on each
816 prepaid wireless E911 fee return filed with the Department of
817 Revenue:
818 a. The seller's name, federal identification number,
819 taxpayer identification number issued by the Department of
820 Revenue, business location address and mailing address, and
821 county of the business location in accordance with paragraph (c)
822 (d);
823 b. The reporting period;
824 c. The number of prepaid wireless services sold during the
825 reporting period;
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826 d. The amount of prepaid wireless E911 fees collected and
827 the amount of any adjustments to the fees collected;
828 e. The amount of any retailer collection allowance
829 deducted from the amount of prepaid wireless E911 fees
830 collected; and
831 f. The amount to be remitted to the Department of Revenue.
832 4. A seller who operates two or more business locations
833 for which returns are required to be filed with the Department
834 of Revenue may file a consolidated return reporting and
835 remitting the prepaid wireless E911 fee for all business
836 locations. Such sellers must report the prepaid wireless E911
837 fees collected in each county, in accordance with paragraph (c)
838 (d), on a reporting schedule filed with the fee return.
839 5. A return is not required for a reporting period when no
840 prepaid wireless E911 fee is to be remitted for that period.
841 6. Except as provided in this section, the Department of
842 Revenue shall administer, collect, and enforce the fee under
843 this subsection pursuant to the same procedures used in the
844 administration, collection, and enforcement of the general state
845 sales tax imposed under chapter 212. The provisions of chapter
846 212 regarding authority to audit and make assessments, keeping
847 of books and records, and interest and penalties on delinquent
848 fees shall apply. The provisions of estimated tax liability in
849 s. 212.11(1)(a) do not apply to the prepaid wireless E911 fee.
850 (g)(h) A seller of prepaid wireless services in this state
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851 must register with the Department of Revenue for each place of
852 business as required by s. 212.18(3) and the Department of
853 Revenue's administrative rule regarding registration as a sales
854 and use tax dealer. A separate application is required for each
855 place of business. A valid certificate of registration issued by
856 the Department of Revenue to a seller for sales and use tax
857 purposes is sufficient for purposes of the registration
858 requirement of this subsection. There is no fee for registration
859 for remittance of the prepaid wireless E911 fee.
860 (h)(i) The Department of Revenue shall deposit the funds
861 remitted under this subsection into the Audit and Warrant
862 Clearing Trust Fund established in s. 215.199 and retain up to
863 3.2 percent of the funds remitted under this subsection to
864 reimburse its direct costs of administering the collection and
865 remittance of prepaid wireless E911 fees. Thereafter, the
866 Department of Revenue shall transfer all remaining funds
867 remitted under this subsection to the Emergency Communications
868 Number E911 System Fund monthly for use as provided in s.
869 365.173.
870 (i)(j) Beginning March 1, 2015, a seller may retain 5
871 percent of the prepaid wireless E911 fees that are collected by
872 the seller from consumers as a retailer collection allowance.
873 (j)(k) A provider or seller of prepaid wireless service is
874 not liable for damages to any person resulting from or incurred
875 in connection with providing or failing to provide emergency
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876 communications and 911 or E911 service or for identifying or
877 failing to identify the telephone number, address, location, or
878 name associated with any person or device that is accessing or
879 attempting to access emergency communications and 911 or E911
880 service.
881 (k)(l) A provider or seller of prepaid wireless service is
882 not liable for damages to any person resulting from or incurred
883 in connection with providing any lawful assistance to any
884 investigative or law enforcement officer of the United States,
885 any state, or any political subdivision of any state in
886 connection with any lawful investigation or other law
887 enforcement activity by such law enforcement officer.
888 (l)(m) The limitations of liability under this subsection
889 for providers and sellers are in addition to any other
890 limitation of liability provided for under this section.
891 (m)(n) A local government may not levy the fee or any
892 additional fee on providers or sellers of prepaid wireless
893 service for the provision of E911 service.
894 (n)(o) For purposes of this section, the state and local
895 governments are not consumers.
896 (o)(p) For purposes of this subsection, the term:
897 1. "Consumer" means a person who purchases prepaid
898 wireless service in a retail sale.
899 2. "Prepaid wireless E911 fee" means the fee that is
900 required to be collected by a seller from a consumer as provided
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901 in this subsection.
902 3. "Provider" means a person that provides prepaid
903 wireless service pursuant to a license issued by the Federal
904 Communications Commission.
905 4. "Retail transaction" means the purchase by a consumer
906 from a seller of prepaid wireless service that may be applied to
907 a single service identifier for use by the consumer. If a
908 consumer makes a purchase of multiple prepaid wireless services
909 in a single transaction, each individual prepaid wireless
910 service shall be considered a separate retail transaction for
911 purposes of calculating the prepaid wireless E911 fee.
912 5. "Seller" means a person who makes retail sales of
913 prepaid wireless services to a consumer.
914 (10) AUTHORIZED EXPENDITURES OF PUBLIC SAFETY EMERGENCY
915 COMMUNICATIONS SYSTEMS E911 FEE.—
916 (a) For purposes of this section, emergency communications
917 and 911 E911 service includes the functions relating to the
918 receipt and transfer of requests for emergency assistance, of
919 database management, call taking, and location verification, and
920 call transfer. Department of Health certification and
921 recertification and training costs for 911 public safety
922 telecommunications, including dispatching, are functions of
923 public safety emergency telecommunications 911 services.
924 (b) All costs directly attributable to the establishment
925 or provision of emergency communications equipment E911 service
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926 and contracting for E911 services are eligible for expenditure
927 of moneys derived from imposition of the fee authorized by
928 subsections (8) and (9). These costs include the acquisition,
929 implementation, and maintenance of Public Safety Answering Point
930 (PSAP) equipment and E911 service features, as defined in the
931 providers' published schedules or the acquisition, installation,
932 and maintenance of other E911 equipment, including: circuits;
933 call answering equipment; call transfer equipment; ANI or ALI
934 controllers; ANI or ALI displays; station instruments; NG911
935 E911 telecommunications systems; Emergency Services IP Network
936 ESInet; visual call information and storage devices; recording
937 equipment; telephone devices and other equipment for the hearing
938 impaired used in the E911 system; PSAP backup power systems;
939 consoles; automatic call distributors, and interfaces, including
940 hardware and software, for computer-aided dispatch (CAD)
941 systems; public safety land mobile radio systems (LMR) and
942 radios integrated CAD systems for that portion of the systems
943 used for E911 call taking; GIS system and software equipment and
944 information displays; network clocks; In-building coverage;
945 cybersecurity, including hardware, software, and services;
946 salary and associated expenses for 911 E911 call takers and
947 emergency dispatchers for that portion of their time spent
948 taking and transferring E911 calls, salary, and associated
949 expenses for a county to employ a full-time equivalent 911 E911
950 coordinator position and a full-time equivalent mapping or
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951 geographical data position, and technical system maintenance,
952 database, and administration personnel for the portion of their
953 time spent administrating the emergency communications E911
954 system; emergency medical, fire, and law enforcement prearrival
955 instruction software; charts and training costs; training costs
956 for PSAP call takers, dispatchers, supervisors, and managers in
957 the proper methods and techniques used in taking and
958 transferring 911 E911 calls; costs to train and educate PSAP
959 employees regarding 911 and radio E911 service or NG911 E911
960 equipment, including fees collected by the Department of Health
961 for the certification and recertification of 911 public safety
962 telecommunicators as required under s. 401.465; and expenses
963 required to develop and maintain all information, including ALI
964 and ANI databases and other information source repositories,
965 necessary to properly inform call takers as to location address,
966 type of emergency, Smart City Technologies, public safety
967 broadband networks, and other information directly relevant to
968 the public safety emergency communications E911 call-taking and
969 transferring function. Moneys derived from the fee may also be
970 used for next-generation E911 network services, next-generation
971 E911 database services, next-generation E911 equipment, and
972 wireless E911 routing systems and equipment.
973 (c) The moneys may not be used to pay for any item not
974 listed in this subsection, including, but not limited to, any
975 capital or operational costs for emergency responses which occur
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976 after the call transfer to the responding public safety entity
977 and the costs for utilities, constructing, leasing, maintaining,
978 or renovating buildings, except for those building modifications
979 necessary to maintain the security and environmental integrity
980 of the PSAP and emergency communications E911 equipment rooms.
981 (11) LIABILITY OF COUNTIES.—A county subscribing to 911
982 service remains liable to the local exchange carrier for any 911
983 service, equipment, operation, or maintenance charge owed by the
984 county to the local exchange carrier. As used in this
985 subsection, the term "local exchange carrier" means a local
986 exchange telecommunications service provider of 911 service or
987 equipment to any county within its certificated area.
988 (12) INDEMNIFICATION AND LIMITATION OF LIABILITY. —A local
989 government may indemnify local exchange carriers against
990 liability in accordance with the published schedules of the
991 company. Notwithstanding an indemnification agreement, a local
992 exchange carrier, voice communications services provider, or
993 other service provider that provides 911, or E911, or NG911
994 service on a retail or wholesale basis is not liable for damages
995 resulting from or in connection with 911, or E911, or NG911
996 service, or for identification of the telephone number, or
997 address, or name associated with any person accessing 911, or
998 E911, or NG911 service, unless the carrier or provider acted
999 with malicious purpose or in a manner exhibiting wanton and
1000 willful disregard of the rights, safety, or property of a person
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1001 when providing such services. A carrier or provider is not
1002 liable for damages to any person resulting from or in connection
1003 with the carrier's or provider's provision of any lawful
1004 assistance to any investigative or law enforcement officer of
1005 the United States, this state, or a political subdivision
1006 thereof, or of any other state or political subdivision thereof,
1007 in connection with any lawful investigation or other law
1008 enforcement activity by such law enforcement officer. For
1009 purposes of this subsection, the term "911, or E911, or NG911
1010 service" means a telecommunications service, voice or nonvoice
1011 communications service, or other wireline or wireless service,
1012 including, but not limited to, a service using Internet
1013 protocol, which provides, in whole or in part, any of the
1014 following functions: providing members of the public with the
1015 ability to reach an answering point by using the digits 9-1-1;
1016 directing 911 calls to answering points by selective routing;
1017 providing for automatic number identification and automatic
1018 location-identification features; or providing wireless E911
1019 services as defined in the order.
1020 (13) FACILITATING EMERGENCY COMMUNICATIONS E911 SERVICE
1021 IMPLEMENTATION.—To balance the public need for reliable
1022 emergency communications E911 services through reliable wireless
1023 systems and the public interest served by governmental zoning
1024 and land development regulations and notwithstanding any other
1025 law or local ordinance to the contrary, the following standards
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1026 shall apply to a local government's actions, as a regulatory
1027 body, in the regulation of the placement, construction, or
1028 modification of a wireless communications facility. This
1029 subsection shall not, however, be construed to waive or alter
1030 the provisions of s. 286.011 or s. 286.0115. For the purposes of
1031 this subsection only, "local government" shall mean any
1032 municipality or county and any agency of a municipality or
1033 county only. The term "local government" does not, however,
1034 include any airport, as defined by s. 330.27(2), even if it is
1035 owned or controlled by or through a municipality, county, or
1036 agency of a municipality or county. Further, notwithstanding
1037 anything in this section to the contrary, this subsection does
1038 not apply to or control a local government's actions as a
1039 property or structure owner in the use of any property or
1040 structure owned by such entity for the placement, construction,
1041 or modification of wireless communications facilities. In the
1042 use of property or structures owned by the local government,
1043 however, a local government may not use its regulatory authority
1044 so as to avoid compliance with, or in a manner that does not
1045 advance, the provisions of this subsection.
1046 (a) Collocation among wireless providers is encouraged by
1047 the state.
1048 1.a. Collocations on towers, including nonconforming
1049 towers, that meet the requirements in sub-sub-subparagraphs (I),
1050 (II), and (III), are subject to only building permit review,
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1051 which may include a review for compliance with this
1052 subparagraph. Such collocations are not subject to any design or
1053 placement requirements of the local government's land
1054 development regulations in effect at the time of the collocation
1055 that are more restrictive than those in effect at the time of
1056 the initial antennae placement approval, to any other portion of
1057 the land development regulations, or to public hearing review.
1058 This sub-subparagraph shall not preclude a public hearing for
1059 any appeal of the decision on the collocation application.
1060 (I) The collocation does not increase the height of the
1061 tower to which the antennae are to be attached, measured to the
1062 highest point of any part of the tower or any existing antenna
1063 attached to the tower;
1064 (II) The collocation does not increase the ground space
1065 area, commonly known as the compound, approved in the site plan
1066 for equipment enclosures and ancillary facilities; and
1067 (III) The collocation consists of antennae, equipment
1068 enclosures, and ancillary facilities that are of a design and
1069 configuration consistent with all applicable regulations,
1070 restrictions, or conditions, if any, applied to the initial
1071 antennae placed on the tower and to its accompanying equipment
1072 enclosures and ancillary facilities and, if applicable, applied
1073 to the tower supporting the antennae. Such regulations may
1074 include the design and aesthetic requirements, but not
1075 procedural requirements, other than those authorized by this
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1076 section, of the local government's land development regulations
1077 in effect at the time the initial antennae placement was
1078 approved.
1079 b. Except for a historic building, structure, site,
1080 object, or district, or a tower included in sub-subparagraph a.,
1081 collocations on all other existing structures that meet the
1082 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1083 to no more than building permit review, and an administrative
1084 review for compliance with this subparagraph. Such collocations
1085 are not subject to any portion of the local government's land
1086 development regulations not addressed herein, or to public
1087 hearing review. This sub-subparagraph shall not preclude a
1088 public hearing for any appeal of the decision on the collocation
1089 application.
1090 (I) The collocation does not increase the height of the
1091 existing structure to which the antennae are to be attached,
1092 measured to the highest point of any part of the structure or
1093 any existing antenna attached to the structure;
1094 (II) The collocation does not increase the ground space
1095 area, otherwise known as the compound, if any, approved in the
1096 site plan for equipment enclosures and ancillary facilities;
1097 (III) The collocation consists of antennae, equipment
1098 enclosures, and ancillary facilities that are of a design and
1099 configuration consistent with any applicable structural or
1100 aesthetic design requirements and any requirements for location
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1101 on the structure, but not prohibitions or restrictions on the
1102 placement of additional collocations on the existing structure
1103 or procedural requirements, other than those authorized by this
1104 section, of the local government's land development regulations
1105 in effect at the time of the collocation application; and
1106 (IV) The collocation consists of antennae, equipment
1107 enclosures, and ancillary facilities that are of a design and
1108 configuration consistent with all applicable restrictions or
1109 conditions, if any, that do not conflict with sub-sub-
1110 subparagraph (III) and were applied to the initial antennae
1111 placed on the structure and to its accompanying equipment
1112 enclosures and ancillary facilities and, if applicable, applied
1113 to the structure supporting the antennae.
1114 c. Regulations, restrictions, conditions, or permits of
1115 the local government, acting in its regulatory capacity, that
1116 limit the number of collocations or require review processes
1117 inconsistent with this subsection shall not apply to
1118 collocations addressed in this subparagraph.
1119 d. If only a portion of the collocation does not meet the
1120 requirements of this subparagraph, such as an increase in the
1121 height of the proposed antennae over the existing structure
1122 height or a proposal to expand the ground space approved in the
1123 site plan for the equipment enclosure, where all other portions
1124 of the collocation meet the requirements of this subparagraph ,
1125 that portion of the collocation only may be reviewed under the
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1126 local government's regulations applicable to an initial
1127 placement of that portion of the facility, including, but not
1128 limited to, its land development regulations, and within the
1129 review timeframes of subparagraph (d)2., and the rest of the
1130 collocation shall be reviewed in accordance with this
1131 subparagraph. A collocation proposal under this subparagraph
1132 that increases the ground space area, otherwise known as the
1133 compound, approved in the original site plan for equipment
1134 enclosures and ancillary facilities by no more than a cumulative
1135 amount of 400 square feet or 50 percent of the original compound
1136 size, whichever is greater, shall, however, require no more than
1137 administrative review for compliance with the local government's
1138 regulations, including, but not limited to, land development
1139 regulations review, and building permit review, with no public
1140 hearing review. This sub-subparagraph shall not preclude a
1141 public hearing for any appeal of the decision on the collocation
1142 application.
1143 2. If a collocation does not meet the requirements of
1144 subparagraph 1., the local government may review the application
1145 under the local government's regulations, including, but not
1146 limited to, land development regulations, applicable to the
1147 placement of initial antennae and their accompanying equipment
1148 enclosure and ancillary facilities.
1149 3. If a collocation meets the requirements of subparagraph
1150 1., the collocation shall not be considered a modification to an
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1151 existing structure or an impermissible modification of a
1152 nonconforming structure.
1153 4. The owner of the existing tower on which the proposed
1154 antennae are to be collocated shall remain responsible for
1155 compliance with any applicable condition or requirement of a
1156 permit or agreement, or any applicable condition or requirement
1157 of the land development regulations to which the existing tower
1158 had to comply at the time the tower was permitted, including any
1159 aesthetic requirements, provided the condition or requirement is
1160 not inconsistent with this paragraph.
1161 5. An existing tower, including a nonconforming tower, may
1162 be structurally modified in order to permit collocation or may
1163 be replaced through no more than administrative review and
1164 building permit review, and is not subject to public hearing
1165 review, if the overall height of the tower is not increased and,
1166 if a replacement, the replacement tower is a monopole tower or,
1167 if the existing tower is a camouflaged tower, the replacement
1168 tower is a like-camouflaged tower. This subparagraph shall not
1169 preclude a public hearing for any appeal of the decision on the
1170 application.
1171 (b)1. A local government's land development and
1172 construction regulations for wireless communications facilities
1173 and the local government's review of an application for the
1174 placement, construction, or modification of a wireless
1175 communications facility shall only address land development or
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1176 zoning issues. In such local government regulations or review,
1177 the local government may not require information on or evaluate
1178 a wireless provider's business decisions about its service,
1179 customer demand for its service, or quality of its service to or
1180 from a particular area or site, unless the wireless provider
1181 voluntarily offers this information to the local government. In
1182 such local government regulations or review, a local government
1183 may not require information on or evaluate the wireless
1184 provider's designed service unless the information or materials
1185 are directly related to an identified land development or zoning
1186 issue or unless the wireless provider voluntarily offers the
1187 information. Information or materials directly related to an
1188 identified land development or zoning issue may include, but are
1189 not limited to, evidence that no existing structure can
1190 reasonably be used for the antennae placement instead of the
1191 construction of a new tower, that residential areas cannot be
1192 served from outside the residential area, as addressed in
1193 subparagraph 3., or that the proposed height of a new tower or
1194 initial antennae placement or a proposed height increase of a
1195 modified tower, replacement tower, or collocation is necessary
1196 to provide the provider's designed service. Nothing in this
1197 paragraph shall limit the local government from reviewing any
1198 applicable land development or zoning issue addressed in its
1199 adopted regulations that does not conflict with this section,
1200 including, but not limited to, aesthetics, landscaping, land
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1201 use-based land use based location priorities, structural design,
1202 and setbacks.
1203 2. Any setback or distance separation required of a tower
1204 may not exceed the minimum distance necessary, as determined by
1205 the local government, to satisfy the structural safety or
1206 aesthetic concerns that are to be protected by the setback or
1207 distance separation.
1208 3. A local government may exclude the placement of
1209 wireless communications facilities in a residential area or
1210 residential zoning district but only in a manner that does not
1211 constitute an actual or effective prohibition of the provider's
1212 service in that residential area or zoning district. If a
1213 wireless provider demonstrates to the satisfaction of the local
1214 government that the provider cannot reasonably provide its
1215 service to the residential area or zone from outside the
1216 residential area or zone, the municipality or county and
1217 provider shall cooperate to determine an appropriate location
1218 for a wireless communications facility of an appropriate design
1219 within the residential area or zone. The local government may
1220 require that the wireless provider reimburse the reasonable
1221 costs incurred by the local government for this cooperative
1222 determination. An application for such cooperative determination
1223 shall not be considered an application under paragraph (d).
1224 4. A local government may impose a reasonable fee on
1225 applications to place, construct, or modify a wireless
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1226 communications facility only if a similar fee is imposed on
1227 applicants seeking other similar types of zoning, land use, or
1228 building permit review. A local government may impose fees for
1229 the review of applications for wireless communications
1230 facilities by consultants or experts who conduct code compliance
1231 review for the local government but any fee is limited to
1232 specifically identified reasonable expenses incurred in the
1233 review. A local government may impose reasonable surety
1234 requirements to ensure the removal of wireless communications
1235 facilities that are no longer being used.
1236 5. A local government may impose design requirements, such
1237 as requirements for designing towers to support collocation or
1238 aesthetic requirements, except as otherwise limited in this
1239 section, but shall not impose or require information on
1240 compliance with building code type standards for the
1241 construction or modification of wireless communications
1242 facilities beyond those adopted by the local government under
1243 chapter 553 and that apply to all similar types of construction.
1244 (c) Local governments may not require wireless providers
1245 to provide evidence of a wireless communications facility's
1246 compliance with federal regulations, except evidence of
1247 compliance with applicable Federal Aviation Administration
1248 requirements under 14 C.F.R. part 77, as amended, and evidence
1249 of proper Federal Communications Commission licensure, or other
1250 evidence of Federal Communications Commission authorized
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1251 spectrum use, but may request the Federal Communications
1252 Commission to provide information as to a wireless provider's
1253 compliance with federal regulations, as authorized by federal
1254 law.
1255 (d)1. A local government shall grant or deny each properly
1256 completed application for a collocation under subparagraph (a)1.
1257 based on the application's compliance with the local
1258 government's applicable regulations, as provided for in
1259 subparagraph (a)1. and consistent with this subsection, and
1260 within the normal timeframe for a similar building permit review
1261 but in no case later than 45 business days after the date the
1262 application is determined to be properly completed in accordance
1263 with this paragraph.
1264 2. A local government shall grant or deny each properly
1265 completed application for any other wireless communications
1266 facility based on the application's compliance with the local
1267 government's applicable regulations, including but not limited
1268 to land development regulations, consistent with this subsection
1269 and within the normal timeframe for a similar type review but in
1270 no case later than 90 business days after the date the
1271 application is determined to be properly completed in accordance
1272 with this paragraph.
1273 3.a. An application is deemed submitted or resubmitted on
1274 the date the application is received by the local government. If
1275 the local government does not notify the applicant in writing
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1276 that the application is not completed in compliance with the
1277 local government's regulations within 20 business days after the
1278 date the application is initially submitted or additional
1279 information resubmitted, the application is deemed, for
1280 administrative purposes only, to be properly completed and
1281 properly submitted. However, the determination shall not be
1282 deemed as an approval of the application. If the application is
1283 not completed in compliance with the local government's
1284 regulations, the local government shall so notify the applicant
1285 in writing and the notification must indicate with specificity
1286 any deficiencies in the required documents or deficiencies in
1287 the content of the required documents which, if cured, make the
1288 application properly completed. Upon resubmission of information
1289 to cure the stated deficiencies, the local government shall
1290 notify the applicant, in writing, within the normal timeframes
1291 of review, but in no case longer than 20 business days after the
1292 additional information is submitted, of any remaining
1293 deficiencies that must be cured. Deficiencies in document type
1294 or content not specified by the local government do not make the
1295 application incomplete. Notwithstanding this sub-subparagraph,
1296 if a specified deficiency is not properly cured when the
1297 applicant resubmits its application to comply with the notice of
1298 deficiencies, the local government may continue to request the
1299 information until such time as the specified deficiency is
1300 cured. The local government may establish reasonable timeframes
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1301 within which the required information to cure the application
1302 deficiency is to be provided or the application will be
1303 considered withdrawn or closed.
1304 b. If the local government fails to grant or deny a
1305 properly completed application for a wireless communications
1306 facility within the timeframes set forth in this paragraph, the
1307 application shall be deemed automatically approved and the
1308 applicant may proceed with placement of the facilities without
1309 interference or penalty. The timeframes specified in
1310 subparagraph 2. may be extended only to the extent that the
1311 application has not been granted or denied because the local
1312 government's procedures generally applicable to all other
1313 similar types of applications require action by the governing
1314 body and such action has not taken place within the timeframes
1315 specified in subparagraph 2. Under such circumstances, the local
1316 government must act to either grant or deny the application at
1317 its next regularly scheduled meeting or, otherwise, the
1318 application is deemed to be automatically approved.
1319 c. To be effective, a waiver of the timeframes set forth
1320 in this paragraph must be voluntarily agreed to by the applicant
1321 and the local government. A local government may request, but
1322 not require, a waiver of the timeframes by the applicant, except
1323 that, with respect to a specific application, a one -time waiver
1324 may be required in the case of a declared local, state, or
1325 federal emergency that directly affects the administration of
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1326 all permitting activities of the local government.
1327 (e) The replacement of or modification to a wireless
1328 communications facility, except a tower, that results in a
1329 wireless communications facility not readily discernibly
1330 different in size, type, and appearance when viewed from ground
1331 level from surrounding properties, and the replacement or
1332 modification of equipment that is not visible from surro unding
1333 properties, all as reasonably determined by the local
1334 government, are subject to no more than applicable building
1335 permit review.
1336 (f) Any other law to the contrary notwithstanding, the
1337 Department of Management Services shall negotiate, in the name
1338 of the state, leases for wireless communications facilities that
1339 provide access to state government-owned property not acquired
1340 for transportation purposes, and the Department of
1341 Transportation shall negotiate, in the name of the state, leases
1342 for wireless communications facilities that provide access to
1343 property acquired for state rights-of-way. On property acquired
1344 for transportation purposes, leases shall be granted in
1345 accordance with s. 337.251. On other state government -owned
1346 property, leases shall be granted on a space available, first-
1347 come, first-served basis. Payments required by state government
1348 under a lease must be reasonable and must reflect the market
1349 rate for the use of the state government-owned property. The
1350 Department of Management Services and the Department of
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1351 Transportation are authorized to adopt rules for the terms and
1352 conditions and granting of any such leases.
1353 (g) If any person adversely affected by any action, or
1354 failure to act, or regulation, or requirement of a local
1355 government in the review or regulation of the wireless
1356 communication facilities files an appeal or brings an
1357 appropriate action in a court or venue of competent
1358 jurisdiction, following the exhaustion of all administrative
1359 remedies, the matter shall be considered on an expedited basis.
1360 (14) MISUSE OF 911, OR E911, OR NG911 SYSTEM; PENALTY.—
1361 911, and E911, and NG911 service must be used solely for
1362 emergency communications by the public. Any person who accesses
1363 the number 911 for the purpose of making a false alarm or
1364 complaint or reporting false information that could result in
1365 the emergency response of any public safety agency; any person
1366 who knowingly uses or attempts to use such service for a purpose
1367 other than obtaining public safety assistance; or any person who
1368 knowingly uses or attempts to use such service in an effort to
1369 avoid any charge for service, commits a misdemeanor of the first
1370 degree, punishable as provided in s. 775.082 or s. 775.083.
1371 After being convicted of unauthorized use of such service four
1372 times, a person who continues to engage in such unauthorized use
1373 commits a felony of the third degree, punishable as provided in
1374 s. 775.082, s. 775.083, or s. 775.084. In addition, if the value
1375 of the service or the service charge obtained in a manner
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1376 prohibited by this subsection exceeds $100, the person
1377 committing the offense commits a felony of the third degree,
1378 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1379 (15) TEXT-TO-911 SERVICE.—Each county shall develop a
1380 countywide implementation plan addressing text-to-911 services
1381 and, by January 1, 2022, enact a system to allow text -to-911
1382 services.
1383 (16) STATE LAW NOT PREEMPTED.—This section and ss. 365.173
1384 and 365.174 do not alter any state law that otherwise regulates
1385 voice communications services providers.
1386 Section 2. Section 365.173, Florida Statutes, is amended
1387 to read:
1388 365.173 Emergency Communications Number E911 System Fund.—
1389 (1) REVENUES.—
1390 (a) Revenues derived from the fee levied on subscribers
1391 under s. 365.172(8) must be paid by the board into the State
1392 Treasury on or before the 15th day of each month. Such moneys
1393 must be accounted for in a special fund to be designated as the
1394 Emergency Communications Number E911 System Fund, a fund created
1395 in the Division of Telecommunications, or other office as
1396 designated by the Secretary of Management Services.
1397 (b) Revenues derived from the fee levied on prepaid
1398 wireless service under s. 365.172(9), less the costs of
1399 administering collection of the fee, must be transferred by the
1400 Department of Revenue to the Emergency Communications Number
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1401 E911 System Fund on or before the 25th day of each month
1402 following the month of receipt.
1403 (c) For accounting purposes, the Emergency Communications
1404 Number E911 System Fund must be segregated into three separate
1405 categories:
1406 1. The wireless category;
1407 2. The nonwireless category; and
1408 3. The prepaid wireless category.
1409 (d) All moneys must be invested by the Chief Financial
1410 Officer pursuant to s. 17.61. All moneys in such fund are to be
1411 expended by the office for the purposes provided in this section
1412 and s. 365.172. These funds are not subject to s. 215.20.
1413 (2) DISTRIBUTION AND USE OF FUNDS.—As determined by the
1414 board pursuant to s. 365.172(8)(f) s. 365.172(8)(g), and subject
1415 to any modifications approved by the board pursuant to s.
1416 365.172(6)(a)3. or (8)(g) s. 365.172(6)(a)3. or (8)(h), the
1417 moneys in the fund shall be distributed and used only as
1418 follows:
1419 (a) Ninety-five Seventy-six percent of the moneys in the
1420 wireless category shall be distributed each month to counties,
1421 based on the total number of service identifiers in each county,
1422 and shall be used exclusively for payment of:
1423 1. Authorized expenditures, as specified in s.
1424 365.172(10).
1425 2. Costs to comply with the requirements for emergency
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1426 communications E911 service contained in the order and any
1427 future rules related to the order.
1428 (b) Ninety-six percent of the moneys in the nonwireless
1429 category shall be distributed each month to counties based on
1430 the total number of service identifiers in each county and shall
1431 be used exclusively for payment of authorized expenditures, as
1432 specified in s. 365.172(10).
1433 (c) Sixty-one percent of the moneys in the prepaid
1434 wireless category shall be distributed each month to counties
1435 based on the total amount of fees reported and paid in each
1436 county and shall be used exclusively for payment of authorized
1437 expenditures, as specified in s. 365.172(10). The moneys from
1438 prepaid wireless E911 fees identified as nonspecific in
1439 accordance with s. 365.172(9) shall be distributed as determined
1440 by the Emergency Communications E911 Board.
1441 (d) Any county that receives funds under paragraphs (a),
1442 (b), and (c) shall establish a fund to be used exclusively for
1443 the receipt and expenditure of the revenues collected under
1444 paragraphs (a), (b), and (c). All fees placed in the fund and
1445 any interest accrued shall be used solely for costs describe d in
1446 subparagraphs (a)1. and 2. and may not be reduced, withheld, or
1447 allocated for other purposes. The money collected and interest
1448 earned in this fund shall be appropriated for these purposes by
1449 the county commissioners and incorporated into the annual co unty
1450 budget. The fund shall be included within the financial audit
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1451 performed in accordance with s. 218.39. The financial audit
1452 shall assure that all emergency communications E911 fee
1453 revenues, interest, and emergency communications E911 grant
1454 funding are used for payment of authorized expenditures, as
1455 specified in s. 365.172(10) and as specified in the Emergency
1456 Communications E911 Board grant and special disbursement
1457 programs. The county is responsible for all expenditures of
1458 revenues distributed from the county emergency communications
1459 E911 fund and shall submit the financial audit reports to the
1460 board for review. A county may carry forward up to 30 percent of
1461 the total funds disbursed to the county by the board during a
1462 county fiscal year for expenditures for capital outlay, capital
1463 improvements, equipment replacement, or implementation of a
1464 hosted system if such expenditures are made for the purposes
1465 specified in subparagraphs (a)1. and 2.; however, the 30 -percent
1466 limitation does not apply to funds disbursed to a county under
1467 s. 365.172(6)(a)3., and a county may carry forward any
1468 percentage of the funds, except that any grant prov ided shall
1469 continue to be subject to any condition imposed by the board. In
1470 order to prevent an excess recovery of costs incurred in
1471 providing emergency communication E911 service, a county that
1472 receives funds greater than the permissible emergency
1473 communication E911 costs described in s. 365.172(10), including
1474 the 30-percent carryforward allowance, must return the excess
1475 funds to the E911 board to be allocated under s. 365.172(6)(a).
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1476 (e) Twenty percent of the moneys in the wireless category
1477 shall be distributed to wireless providers in response to sworn
1478 invoices submitted to the board by wireless providers to
1479 reimburse such wireless providers for the actual costs incurred
1480 to provide 911 or E911 service, including the costs of complying
1481 with the order. Such costs include costs and expenses incurred
1482 by wireless providers to design, purchase, lease, program,
1483 install, test, upgrade, operate, and maintain all necessary
1484 data, hardware, and software required to provide E911 service.
1485 Each wireless provider shall submit to the board, by August 1 of
1486 each year, a detailed estimate of the capital and operating
1487 expenses for which it anticipates that it will seek
1488 reimbursement under this paragraph during the ensuing state
1489 fiscal year. In order to be eligible for recovery during any
1490 ensuing state fiscal year, a wireless provider must submit all
1491 sworn invoices for allowable purchases made within the previous
1492 calendar year no later than March 31 of the fiscal year. By
1493 September 15 of each year, the board shall submit to the
1494 Legislature its legislative budget request for funds to be
1495 allocated to wireless providers under this paragraph during the
1496 ensuing state fiscal year. The budget request shall be based on
1497 the information submitted by the wireless providers and
1498 estimated surcharge revenues. Distributions of moneys in the
1499 fund by the board to wireless providers must be fair and
1500 nondiscriminatory. If the total amount of moneys requested by
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1501 wireless providers pursuant to invoices submitted to the board
1502 and approved for payment exceeds the amount in the fund in any
1503 month, wireless providers that have invoices approved for
1504 payment shall receive a pro rata share of moneys in the fund and
1505 the balance of the payments shall be carried over to the
1506 following month or months until all of the approved payments are
1507 made. The board may adopt rules necessary to address the manner
1508 in which pro rata distributions are made when the total amount
1509 of funds requested by wireless providers pursuant to invoices
1510 submitted to the board exceeds the total amount of moneys on
1511 deposit in the fund.
1512 (e)(f) One percent of the moneys in each category of the
1513 fund shall be retained by the board to be applied to costs and
1514 expenses incurred for the purposes of managing, administering,
1515 and overseeing the receipts and disbursements from the fund and
1516 other activities as defined in s. 365.172(6). Any funds retained
1517 for such purposes in a calendar year which are not applied to
1518 such costs and expenses by March 31 of the following year shall
1519 be redistributed as determined by the board.
1520 (f)(g) Three percent of the moneys in each category of the
1521 fund and an additional 1 percent of the moneys collected in the
1522 wireless category shall be used to make monthly distributions to
1523 rural counties for the purpose of providing facilities and
1524 network and service enhancements and assistance for the
1525 emergency communications 911 or E911 systems operated by rural
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1526 counties and for the provision of grants by the office to rural
1527 counties for upgrading and replacing emergency communications
1528 E911 systems.
1529 (g)(h) Thirty-five percent of the moneys in the prepaid
1530 wireless category shall be retained by the board to provide
1531 state emergency communications E911 grants to be awarded in
1532 accordance with the following order of priority:
1533 1. For all large, medium, and rural counties to upgrade or
1534 replace emergency communications E911 systems.
1535 2. For all large, medium, and rural counties to develop
1536 and maintain statewide 911 routing, geographic, and management
1537 information systems.
1538 3. For all large, medium, and rural counties to develop
1539 and maintain next-generation 911 services and equipment.
1540 (h)(i) If the wireless category has funds remaining in it
1541 on December 31 after disbursements have been made during the
1542 calendar year immediately prior to December 31, the board may
1543 disburse the excess funds in the wireless category in accordance
1544 with s. 365.172(6)(a)3.b.
1545 (3) The Legislature recognizes that the fee authorized
1546 under s. 365.172 may not necessarily provide the total funding
1547 required for establishing or providing the emergency
1548 communications E911 service. It is the intent of the Legislature
1549 that all revenue from the fee be used as specified in subsection
1550 (2).
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1551 Section 3. Subsection (1) of section 365.177, Florida
1552 Statutes, is amended to read:
1553 365.177 Transfer of E911 calls between systems.—
1554 (1) The office shall develop a plan by December 30, 2023
1555 February 1, 2020, to upgrade 911 public safety answering points
1556 within the state to allow the transfer of an emergency call from
1557 one local, multijurisdictional, or regional E911 system to
1558 another local, multijurisdictional, or regional E911 system in
1559 the state. Such transfer should include voice, text message,
1560 image, video, caller identification information, location
1561 information, and additional standards-based 911 call
1562 information.
1563 Section 4. Subsection (10) of section 212.05965, Florida
1564 Statutes, is amended to read:
1565 212.05965 Taxation of marketplace sales.—
1566 (10) Notwithstanding any other law, the marketplace
1567 provider is also responsible for collecting and remitting any
1568 prepaid wireless public safety emergency communications systems
1569 E911 fee under s. 365.172, waste tire fee under s. 403.718, and
1570 lead-acid battery fee under s. 403.7185 at the time of sale for
1571 taxable retail sales made through its marketplace.
1572 Section 5. Section 365.171, Florida Statutes, is amended
1573 to read:
1574 365.171 Emergency communications number E911 state plan.—
1575 (1) SHORT TITLE.—This section may be cited as the "Florida
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1576 Emergency Communications Number E911 State Plan Act."
1577 (2) LEGISLATIVE INTENT.—It is the intent of the
1578 Legislature that the communications number "911" be the
1579 designated emergency communications number. A public safety
1580 agency may not advertise or otherwise promote the use of any
1581 communications number for emergency response services other than
1582 "911." It is further the intent of the Legislature to implement
1583 and continually update a cohesive statewide emergency
1584 communications number "E911" plan for enhanced 911 services
1585 which will provide citizens with rapid direct access to public
1586 safety agencies by accessing "911" with the objective of
1587 reducing the response time to situations requiring law
1588 enforcement, fire, medical, rescue, and other emergency
1589 services.
1590 (3) DEFINITIONS.—As used in this section, the term:
1591 (a) "Office" means the Division of Telecommunications
1592 within the Department of Management Services, as designated by
1593 the secretary of the department.
1594 (b) "Local government" means any city, county, or
1595 political subdivision of the state and its agencies.
1596 (c) "Public agency" means the state and any city, county,
1597 city and county, municipal corporation, chartered organization,
1598 public district, or public authority located in whole or in part
1599 within this state which provides, or has authority to provide,
1600 firefighting, law enforcement, ambulance, medical, or other
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1601 emergency services.
1602 (d) "Public safety agency" means a functional division of
1603 a public agency which provides firefighting, law enforcement,
1604 medical, or other emergency services.
1605 (4) STATE PLAN.—The office shall develop, maintain, and
1606 implement appropriate modifications for a statewide emergency
1607 communications E911 system plan. The plan shall provide for:
1608 (a) The public agency emergency communications
1609 requirements for each entity of local government in the state.
1610 (b) A system to meet specific local government
1611 requirements. Such system shall include law enforcement,
1612 firefighting, and emergency medical services and may include
1613 other emergency services such as poison control, suicide
1614 prevention, and emergency management services.
1615 (c) Identification of the mutual aid agreements necessary
1616 to obtain an effective emergency communications systems E911
1617 system.
1618 (d) A funding provision that identifies the cost necessary
1619 to implement the emergency communications E911 system.
1620
1621 The office shall be responsible for the implementation and
1622 coordination of such plan. The office shall adopt any necessary
1623 rules and schedules related to public agencies for implementing
1624 and coordinating the plan, pursuant to chapter 120.
1625 (5) SYSTEM DIRECTOR.—The secretary of the department or
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1626 his or her designee is designated as the director of the
1627 statewide emergency communications number E911 system and, for
1628 the purpose of carrying out the provisions of this section, is
1629 authorized to coordinate the activities of the system with
1630 state, county, local, and private agencies. The director in
1631 implementing the system shall consult, cooperate, and coordinate
1632 with local law enforcement agencies.
1633 (6) REGIONAL SYSTEMS.—This section does not prohibit or
1634 discourage the formation of multijurisdictional or regional
1635 systems; and any system established pursuant to this section may
1636 include the jurisdiction, or any portion thereof, of more than
1637 one public agency. It is the intent of the Legislature that
1638 emergency communications services E911 service be available
1639 throughout the state. Expenditure by counties of the E911 fee
1640 authorized and imposed under s. 365.172 should support this
1641 intent to the greatest extent feasible within the context of
1642 local service needs and fiscal capability. This section does not
1643 prohibit two or more counties from establishing a combined
1644 emergency E911 communications service by an interlocal agreement
1645 and using the fees authorized and imposed by s. 365.172 for such
1646 combined E911 service.
1647 (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The office
1648 shall coordinate with the Florida Public Service Commission
1649 which shall encourage the Florida telecommunications industry to
1650 activate facility modification plans for timely emergency
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1651 communications services E911 implementation.
1652 (8) COIN TELEPHONES.—The Florida Public Service Commission
1653 shall establish rules to be followed by the telecommunications
1654 companies in this state designed toward encouraging the
1655 provision of coin-free dialing of "911" calls wherever
1656 economically practicable and in the public interest.
1657 (9) SYSTEM APPROVAL.—No emergency communications number
1658 E911 system shall be established and no present system shall be
1659 expanded without prior approval of the office.
1660 (10) COMPLIANCE.—All public agencies shall assist the
1661 office in their efforts to carry out the intent of this section,
1662 and such agencies shall comply with the developed plan.
1663 (11) FEDERAL ASSISTANCE.—The secretary of the department
1664 or his or her designee may apply for and accept federal funding
1665 assistance in the development and implementation of a statewide
1666 emergency communications number E911 system.
1667 (12) CONFIDENTIALITY OF RECORDS.—
1668 (a) Any record, recording, or information, or portions
1669 thereof, obtained by a public agency or a public safety agency
1670 for the purpose of providing services in an emergency and which
1671 reveals the name, address, telephone number, or personal
1672 information about, or information which may identify any person
1673 requesting emergency service or reporting an emergency by
1674 accessing an emergency communications E911 system is
1675 confidential and exempt from the provisions of s. 119.07(1) and
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1676 s. 24(a), Art. I of the State Constitution, except that such
1677 record or information may be disclosed to a public safety
1678 agency. The exemption applies only to the name, address,
1679 telephone number or personal information about, or infor mation
1680 which may identify any person requesting emergency services or
1681 reporting an emergency while such information is in the custody
1682 of the public agency or public safety agency providing emergency
1683 services. A telecommunications company or commercial mobile
1684 radio service provider shall not be liable for damages to any
1685 person resulting from or in connection with such telephone
1686 company's or commercial mobile radio service provider's
1687 provision of any lawful assistance to any investigative or law
1688 enforcement officer of the State of Florida or political
1689 subdivisions thereof, of the United States, or of any other
1690 state or political subdivision thereof, in connection with any
1691 lawful investigation or other law enforcement activity by such
1692 law enforcement officer unless the telecommunications company or
1693 commercial mobile radio service provider acted in a wanton and
1694 willful manner.
1695 (b) Notwithstanding paragraph (a), a 911 public safety
1696 telecommunicator, as defined in s. 401.465, may contact any
1697 private person or entity that owns an automated external
1698 defibrillator who has notified the local emergency medical
1699 services medical director or public safety answering point of
1700 such ownership if a confirmed coronary emergency call is taking
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1701 place and the location of the coronary emergency is within a
1702 reasonable distance from the location of the defibrillator, and
1703 may provide the location of the coronary emergency to that
1704 person or entity.
1705 Section 6. Paragraph (b) of subsection (2) of section
1706 365.174, Florida Statutes, is amended to read:
1707 365.174 Proprietary confidential business information. —
1708 (2)
1709 (b) The Department of Revenue may provide information
1710 relative to s. 365.172(9) to the Secretary of Management
1711 Services, or his or her authorized agent, or to the Emergency
1712 Communications E911 Board established in s. 365.172(5) for use
1713 in the conduct of the official business of the Department of
1714 Management Services or the Emergency Communications E911 Board.
1715 Section 7. This act shall take effect July 1, 2023.
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HB 7001
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 7001 PCB EEG 23-01 OGSR/Nationwide Public Safety Broadband Network
SPONSOR(S): Ethics, Elections & Open Government Subcommittee, Yarkosky
TIED BILLS: IDEN./SIM. BILLS: SB 7006
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Ethics, Elections & Open 18 Y, 0 N Villa Toliver
Government Subcommittee
1) Energy, Communications & Cybersecurity Mortellaro Keating
Subcommittee
2) State Affairs Committee
SUMMARY ANALYSIS
The Open Government Sunset Review Act requires the Legislature to review each public record
exemption and each public meeting exemption five years after enactment. If the Legislature does not
reenact an exemption, it automatically repeals on October 2nd of the fifth year after enactment.
In 2012, Congress created the Nationwide Public Safety Broadband Network (FirstNet) overseen by a
newly created First Responder Network Authority (FirstNet Authority), an independent agency
established within the U.S. Department of Commerce. FirstNet was one of the recommendations of
the National Commission on Terrorist Attacks for the United States (also known as the 9/11
Commission) to prevent incidents of communication disruption that occurred between first responders
during the 9/11 terrorist attacks. In 2017, the U.S. Department of Commerce announced that the
FirstNet Authority had entered into a 25-year public-private partnership with AT&T to build the first
nationwide wireless broadband network dedicated to America’s first responders. Today, FirstNet is
operational and delivers specialized features to first responders – such as priority access,
preemption, more network capacity, and a resilient, hardened connection.
The law provides a public record exemption for information held by an agency relating to FirstNet if
released information would reveal:
The design, development, construction, deployment, and operation of network facilities;
Network coverage, including geographical maps indicating actual or proposed locations of
network infrastructure or facilities;
The features, functions, and capabilities of network infrastructure and facilities;
The features, functions, and capabilities of network services provided to first responders and
other network users;
The design, features, functions, and capabilities of network devices provided to first
responders and other network users; or
Security, including cybersecurity, of the design, construction, and operation of the network and
associated services and products.
The bill saves from repeal this public record exemption, which will repeal on October 2, 2023, if this
bill does not become law.
The bill does not appear to have a fiscal impact on state government or local governments.
FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Open Government Sunset Review Act
The Open Government Sunset Review Act (Act) 1 sets forth a legislative review process for newly
created or substantially amended public record or public meeting exemptions. It requires an automatic
repeal of the exemption on October 2nd of the fifth year after creation or substantial amendment,
unless the Legislature reenacts the exemption.2
The Act provides that a public record or public meeting exemption may be created or maintained only if
it serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one
of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded (essentially
creating a new exemption), then a public necessity statement and a two-thirds vote for passage are
required.4 If the exemption is reenacted with grammatical or stylistic changes that do not expand the
exemption, if the exemption is narrowed, or if an exception to the exemption is created, then a public
necessity statement and a two-thirds vote for passage are not required.
Nationwide Public Safety Broadband Network
Following the 9/11 terrorist attacks, Congress created the National Commission on Terrorist Attacks
upon the United States (9/11 Commission) and tasked that body with investigating and reporting to the
President and Congress its findings, conclusions, and recommendations of corrective measures that
can be taken to prevent acts of terrorism.5 One of the 9/11 Commission’s recommendations to prevent
the incidents of communication disruption that occurred between first responders during the terrorist
attacks was to “support pending legislation which provides for the expedited and increased assignment
of radio spectrum for public safety purposes.” 6 In 2012, Congress created the Nationwide Public Safety
Broadband Network (FirstNet) overseen by a newly-created First Responder Network Authority
(FirstNet Authority), an independent agency established within the U.S. Department of Commerce. 7
In 2017, the U.S. Department of Commerce announced that the FirstNet Authority had entered into a
25-year public-private partnership with AT&T to “build the first nationwide wireless broadband network
dedicated to America’s first responders.” 8
FirstNet’s enabling legislation requires each Governor to determine whether to:
Participate in the deployment of FirstNet as proposed by the FirstNet Authority’s state plan; or
Conduct its own deployment of a radio access network that is interoperable with FirstNet. 9
1 Section 119.15, F.S.
2 Section 119.15(3), F.S.
3 Section 119.15(6)(b), F.S.
4 Article I, s. 24(c), FLA. CONST .
5 Intelligence Authorization Act, Pub. Law No. 107-306 (2002).
6 9/11 Commission, The 9/11 Commission Report 396-397 (2004), available at
https://govinfo.library.unt.edu/911/report/911Report.pdf (last visited January 17, 2023).
7 Middle Class Tax Relief and Job Creation Act of 2012, Pub. Law No. 112-96 (2012).
8 FirstNet Partners with AT&T to Build $46.5 Billion Wireless Broadband Network for America’s First Responders, U.S. Department
of Commerce, available at https://2017-2021.commerce.gov/news/press -releases/2017/03/firstnet-partners-att-build-465-billion.
9 47 U.S.C. s. 1442(e)(2).
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All 50 states, five U.S. territories, and Washington, D.C., have opted to participate in FirstNet, meaning
each has accepted the individual state plan proposed by the FirstNet Authority detailing how FirstNet
will be deployed in their state/territory.10 Today, FirstNet is operational and delivers specialized features
to first responders that are not available to others on wireless networks today, such as priority access,
preemption, more network capacity, and a resilient, hardened connection. 11
Public Record Exemption under Review
In 2018, the Legislature created a public record exemption for specified information held by an
agency12 relating to FirstNet. The information is kept confidential and exempt 13 from public records
requirements if release of the information would reveal any of the following:
The design, development, construction, deployment, and operation of network facilities;
Network coverage, including geographical maps indicating actual or proposed locations of
network infrastructure or facilities;
The features, functions, and capabilities of network infrastructure and facilities;
The features, functions, and capabilities of network services provided to first responders 14 and
other network users;
The design, features, functions, and capabilities of network devices provided to first responders
and other network users; or
Security, including cybersecurity, of the design, construction, and operation of the network and
associated services and products.15
The 2018 public necessity statement16 for the exemption provides that:
[The exempt] information contains security information and proprietary business
information of communications services providers. The disclosure of sensitive
information relating to the Nationwide Public Safety Broadband Network could
result in identification of vulnerabilities in such network and allow a security breach
that could damage the network or disrupt the network's safe and reliable operation,
adversely impacting the public health and safety of the state. Disclosure of such
information would adversely affect the business interests and compromise the
network security of such providers and their networks.17
Pursuant to the Open Government Sunset Review Act, the exemption will repeal on October 2, 2023,
unless reenacted by the Legislature.
10 FirstNet Authority, The Network, https://www.firstnet.gov/network (last visited January 9, 2023).
11 FirstNet Authority, Top 10 Frequently Asked Questions,
https://www.firstnet.gov/system/tdf/Top%2010%20FAQs%202022.pdf?file=1&type=node&id=679&force=0 (last visited January 9,
2023).
12 “Agency” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or
other separate unit of government created or established by law including, the Commission on Ethics, the Public Service Commission,
and the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entit y acting on
behalf of any public agency. Section 119.011(2), F.S.
13 There is a difference between records the Legislature designates exempt from public record requirements and those the Legisla ture
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circu mstances.
See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Rivera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be relea sed by the
custodian of public records to anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-
09 (2004).
14 “First responder” means a law enforcement officer as defined in s. 943.10, F.S., a firefighter as defined in s. 633.102, F.S., or an
emergency medical technician or paramedic as defined in s. 401.23, F.S., employed by s tate or local government. A volunteer law
enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also
considered a first responder of the state or local government. Section 112.1815(1), F.S.
15 Section 119.071(3)(d), F.S.
16 Article I, s. 24(c), FLA. CONST ., requires each public record exemption state with specificity the public necessity justifying the
exemption.
17 Chapter 2018-60, L.O.F.
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During the 2022 interim, subcommittee staff sent questionnaires to Florida Sheriffs and Police
departments. The respondents indicated they had not had any issues interpreting or applying the
exemption and that they were unaware of the existence of any litigation concerning the exemption.
Further, the respondents indicated they had not received any complaints concerning the exemption. As
such, the vast majority of respondents recommended the exemption be reenacted as is. 18
Effect of the Bill
The bill removes the scheduled repeal date of the public record exemption, thereby maintaining the
public record exemption for certain information relating to FirstNet that is held by an agency.
B. SECTION DIRECTORY:
Section 1: amends s. 119.071, F.S., relating to general exemptions from inspection or copying of
public records.
Section 2: provides an effective date of October 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties and municipalities have
18 Open Government Sunset Review Questionnaire, Nationwide Public Safety Broadband Network, responses on file with the Ethics,
Elections & Open Government Subcommittee.
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to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties and
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require rulemaking nor confer or alter an agency’s rulemaking authority.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.
STORAGE NAME: h7001.ECC PAGE: 5
DATE: 3/3/2023
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7001 2023
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.071, F.S., which
4 provides an exemption from public record requirements
5 for certain information relating to the Nationwide
6 Public Safety Broadband Network held by an agency;
7 removing the scheduled repeal of the exemption;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (d) of subsection (3) of section
13 119.071, Florida Statutes, is amended to read:
14 119.071 General exemptions from inspection or copying of
15 public records.—
16 (3) SECURITY AND FIRESAFETY.—
17 (d)1. Information relating to the Nationwide Public Safety
18 Broadband Network established pursuant to 47 U.S.C. ss. 1401 et
19 seq., held by an agency is confidential and exempt from s.
20 119.07(1) and s. 24(a), Art. I of the State Constitution if
21 release of such information would reveal:
22 1.a. The design, development, construction, deployment,
23 and operation of network facilities;
24 2.b. Network coverage, including geographical maps
25 indicating actual or proposed locations of network
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hb7001-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 7001 2023
26 infrastructure or facilities;
27 3.c. The features, functions, and capabilities of network
28 infrastructure and facilities;
29 4.d. The features, functions, and capabilities of network
30 services provided to first responders, as defined in s.
31 112.1815, and other network users;
32 5.e. The design, features, functions, and capabilities of
33 network devices provided to first responders and other network
34 users; or
35 6.f. Security, including cybersecurity, of the design,
36 construction, and operation of the network and associated
37 services and products.
38 2. This paragraph is subject to the Open Governmen t Sunset
39 Review Act in accordance with s. 119.15 and shall stand repealed
40 on October 2, 2023, unless reviewed and saved from repeal
41 through reenactment by the Legislature.
42 Section 2. This act shall take effect October 1, 2023.
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File and source
- File
- 2023-03-07_3226_energy-communications-cybersecurity-subcommittee_meeting-packets_fn-ecc-3-7-23.pdf
- Size
- 1,742,546 bytes
- SHA-256
- 23f8157159f62873b029ec1c1c23480dbc765ecb193adac9d3e4455e9b977705
- Our copy
- 2023-03-07_3226_energy-communications-cybersecurity-subcommittee_meeting-packets_fn-ecc-3-7-23.pdf
- Original
- No public link identified.