Fla. Admin. Code Ann. R. 60FF1-5.004 - Requirements for Fee Remittance Submitted by or on Behalf of Wireless and Non-Wireless Service Providers

(1) All non-wireless and wireless service providers shall remit fees pursuant to Section 365.172(8), F.S.

(2) The E911 fee rate is established based on Section 365.172(8)(f), F.S., and may be adjusted by the Board in accordance with Sections 365.172(8)(g) and (h), F.S. The Board posts the rate on its website in the "Fee Collection and Distribution document."

(3) Fees shall be submitted to the Board within 60 days after the end of the month in which the fee was billed, together with a monthly report of the number of service identifiers in each county. The information shall be submitted to the Board at the following address:

E911 Services

P.O. Box 6750

Tallahassee, Florida 32314-6750.

(a) For service providers collecting less than $50 per month of total fee remittances, The Board will not take collection action provided the reports and fee remittance are received on a quarterly basis.

(b) All service providers providing fee remittance for 911 or E911 service disbursements pursuant to Section 365.172(8)(f), F.S., shall provide the following information with the fee remittance. The information shall be provided in the appropriate categories, either the wireless, non-wireless LEC, non-wireless VoIP or non-wireless Specialty categories. This information shall be provided in a form format referred to as a Emergency Communications Services Fund Remittance Report. The form shall include:

1. Service provider's name and address: Contact person: Contact Phone Number: Email Address;

2. Date remittance report;

3. Service collection period;

4. Itemization of fee remittance revenue per county, including:

a. County; (if the county information is not available, the remittance should include a statement from the service provider that the county location information is not available)

b. Total Subscribers; each provider shall report the number of service identifiers for subscribers, or access lines billed based on the county;

c. Gross Fees Collected;

d. 1% Provider Allowance;

e. Additional Adjustment;

f. Billing Adjustment;

g. Uncollected;

h. Comment or description of any adjustment or other pertinent notation; and

i. Net Fees Collected.

5. Remittance Check Amount, Check Date, and Check Number; and

6. The following certification shall be a part of the form: These amounts are submitted in compliance with Sections 365.172, 365.173 and 365.174, F.S., along with ordinances and definitions held within. Under penalties of perjury, I declare that I have verified the foregoing and the amounts alleged are true, to the best of my knowledge and belief.

(c) Fee Remittance Definitions:

1. Total Subscribers: The number of billed service-identifiers, as described in Section 365.172(8), F.S., subject to the fee. (Item (2)(b)4.b.)

2. Gross Fees Collected: A calculated quantity equal to the product of the "subscribers" and the fee, plus any "billing adjustment, " minus the "uncollected." (Item (2)(b)4.c.)

3. 1% Provider Allowance: The 1 percent amount of the fees collected and retained by the provider as reimbursement for the administrative costs incurred by the provider to bill, collect, and remit the fee, as described in Section 365.172(8), F.S. It is deducted from the "gross fees collected, " in the calculation of the "net fees collected." (Item (2)(b)4.d.)

4. Additional Adjustment: An adjustment enabling service providers to correct errors in previous monthly remittances that are not subject to the "1 percent provider allowance." (Item (2)(b)4.e.)

5. Billing Adjustment: An adjustment, provided to reconcile differences between the service provider's actual fees collected and the product of the "subscribers" and the fee. Enables corrections to the amounts billed to subscribers caused by new subscriber partial billing issues. (Item (2)(b)4.f.)

6. Uncollected: The amount billed by the service provider that was not collected. Enables resolution of differences between the service provider's actual fees collected and the product of the "subscribers" and the fee. (Item (2)(b)4.g.)

7. Net Fees Collected: Revenues derived from the fee levied on subscribers in Section 365.172(8), F.S., that must be delivered to the Board for deposit by the Board into the Emergency Communications Number E911 System Fund. It is equal to the "gross fees collected, " minus the "1 percent provider allowance, " plus any "additional adjustment." (Item (2)(b)4.i.)

(d) In lieu of submitting a signed Emergency Communications Services Fund Remittance Report, it can be electronically transmitted to the Board's email address: E911BoardElectronicRemittanceReports@dms.fl.gov.

(e) New or existing service providers providing new services in a new service category shall provide registration notification to the Board. Notification shall include the provider's name, contact person, address, contact phone number and email address for the staff notification and inquires. Notification is also required for any provider utilizing different business names. Notification will also include the category of service that will be provided; e.g., either wireless, non-wireless VoIP, or non-wireless specialty categories.

(f) Third party companies submitting fee remittances on behalf of wireless and non-wireless service providers shall provide a contact person, address, contact phone number and email address on fee remittance information to respond to all Board Staff inquiries about the fee remittance.

(4) The service providers shall provide their company contact person, address, contact phone number and email address on fee remittance information to explain any irregularities noticed in the monthly fee remittance submittals. In the event of multiple irregularities or failures to submit the fee remittances in a timely manner, the provider's representative will be encouraged to attend the Board meeting, either in person or via teleconference, to explain these issues.

(5) Service providers that fail to collect or deliver collected fee revenue and remittance information within the 60-day submission time frame shall be subject to collection costs required to obtain the fee revenue and lost interest revenue, calculated in accordance with Section 55.03, F.S., on the unpaid fee revenues due. The one percent provider allowance will be applied to offset the total amount of collection costs and lost interest due to the Board, and the service provider shall be obligated to the Board for any remaining balance due.

(6) A service provider may request relief from the monetary obligations resulting from its noncompliance by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its noncompliance. The service provider's representative will be encouraged to appear, either in person or via teleconference, at the next ensuing Board meeting to present its position and answer any questions from the Board. The Board, in the exercise of its powers enumerated in Sections 365.172(5) and (6), F.S., shall consider the facts and circumstances and determine whether relief is justified to avoid imposition of a substantial hardship or a violation of the principles of fairness, and whether relief would serve the purpose of Sections 365.172, 365.173, 365.174, F.S., and particularly Section 365.172(8), F.S.

Notes

Fla. Admin. Code Ann. R. 60FF1-5.004

Rulemaking Authority 365.172(6)(a)12. FS. Law Implemented 365.172(8) FS.

New 11-16-10, Formerly 60FF-5.004, Amended by Florida Register Volume 41, Number 204, October 20, 2015 effective 11/3/2015.

New 11-16-10, Formerly 60FF-5.004, Amended 11-3-15.