60FF-5.001: Requirements for Sworn Invoices Submitted by or on Behalf of Wireless Service Providers
PURPOSE AND EFFECT: The Board proposes to promulgate and adopt the new rule to clarify the requirements and procedures for reimbursement for actual cost incurred to provide 911 or E911 services.
SUMMARY: The new rule will clarify the requirements and procedures for reimbursement for actual cost incurred to provide 911 or E911 services.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared. The Board determined that small businesses would not be affected by this rule.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 365.172(6)(a)11., 365.173(2)(d) FS.
LAW IMPLEMENTED: 365.173(2)(d) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John C. Ford, Chair, E911 Board, 4030 Esplanade Way, Suite 235M, Tallahassee, Florida 32399-0950
THE FULL TEXT OF THE PROPOSED RULE IS:
60FF-5.001 Requirements for Sworn Invoices Submitted by or on Behalf of Wireless Service Providers.
All wireless service providers seeking reimbursement for actual costs incurred to provide 911 or E911 service pursuant to Section 365.173(2)(d), F.S., shall complete and submit a sworn invoice containing the following:
(1) The service provider’s name and address;
(2) The date of the invoice;
(3) The service period for which reimbursement is sought;
(4) Itemization of non-recurring charges for which reimbursement is sought, including:
(a) Description of each item;
(b) Quantity of each item provided;
(c) Unit cost of each item; and
(d) Total cost of each item.
(5) Itemization of monthly recurring charges for which reimbursement is sought, including:
(a) Description of each item;
(b) Quantity of each item provided;
(c) Unit cost of each item; and
(d) Total cost of each item.
(6) Itemization of other recurring charges for which reimbursement is sought, including:
(a) Timing of each recurring item, e.g., annual, quarterly, bi-monthly, etc.;
(b) Description of each item;
(c) Quantity of each item provided;
(d) Unit cost of each item; and
(e) Total cost of each item.
(7) Totaled Phase I recurring charges, Phase I non-recurring charges, Phase II recurring charges and Phase II non-recurring charges.
(8) Total amount of reimbursement sought in the invoice;
(9) The following certification: “I hereby certify that the foregoing statements are true and correct, and that no material fact has been withheld or concealed from the Wireless 911 Board”; and
(10) The dated and notarized signature of the person submitting the invoice.
(11) Payment will be made to the order of the provider only.
(12) Vendors need to register at the myfloridamarketplace.com as a vendor doing business with the State of Florida in order for the Board to generate a warrant.
(13) Each wireless provider shall submit to the E911 Board (Board), by August 1 of each year, a detailed estimate of the capital and operating expenses (cost recovery proposal) for which it anticipates that it will seek reimbursement under Section 365.173(2)(d), F.S., during the ensuing state fiscal year.
(14) In order to be eligible for cost recovery during any ensuing state fiscal year, a wireless provider must submit all sworn invoices for allowable purchases made within the previous calendar year not later than March 31 of the fiscal year.
(15) The Board shall submit to the Legislature, by September 15 of each year, its legislative budget request for funds to be allocated to wireless providers under section 365.173(2)(d), F.S., during the ensuing state fiscal year.
(a) The Board’s legislative budget request shall be based on the cost recovery proposals submitted by the wireless providers and estimated surcharge revenues.
(b) The requirement that a wireless provider timely submit its cost recovery proposal by August 1 of each year is mandatory in order to enable the Board to timely prepare and submit its legislative budget request to the Legislature by September 15 of each year.
(c) Accordingly, in order to be eligible for cost recovery during any ensuing state fiscal year, a wireless provider must submit its cost recovery proposal no later than August 1 of each year.
(16) A wireless provider that fails to timely submit its cost recovery proposal for the ensuing state fiscal year shall be deemed ineligible for and thereby precluded from any cost recovery during the ensuing state fiscal year.
(17) A wireless provider deemed ineligible for cost recovery in the ensuing state fiscal year for failure to timely file its cost recovery proposal may request reinstatement of its eligibility by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its noncompliance. The wireless provider’s representative shall be required 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 Section 365.172(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 365.173(2)(d), F.S.
Rulemaking Authority 365.172, 365.173 FS. Law Implemented 365.173(2)(d) FS. History–New_______.