Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 15, April 16, 2010 issue of the Florida Administrative Weekly.

The change is in response to concerns by the Joint Administrative Procedures Committee in a letter dated June 9, 2010. The change is as follows:

60FF-5.004 Requirements for Fee Remittance Submitted by or on Behalf of Wireless and Non-Wireless Service Providers.

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

(2) Fees shall be submitted to the E911 Board within 60 days after the end of the month in which the fee was billed, together with a monthly report of the number of service identifiers in each county. The information shall be submitted to the E911 Board at the following address:

State of Florida E911 Board

ATTN: Financial Management Services

Post Office Box 7117

Tallahassee, Florida 32399-0950.

(a) For service providers collecting less than $50 per month of total fee remittances. The E911 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 Florida Emergency Communications Number E911 System Remittance Report. The form shall include:

1. Service provider’s name and address: Contact person: Contact Phone Number: E-mail Address;

2. Date remittance report;

3. Service collection period;

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

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

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

c. Gross Fees Collected;

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 Florida Statutes 365.172, 365.173 and 365.174, 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.

1. Total Subscribers: The number of billed service-identifiers, as described in Florida Statutes 365.172(8), subject to the E911 fee. (Item (2)(b)4.b.)

2. Gross Fees Collected: A calculated quantity equal to the product of the “subscribers” and the E911 fee, plus any “billing adjustment,” minus the “uncollected.” (Item (2)(b)4.c.)

3. 1% Provider Allowance: The 1 percent amount of the E911 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 Florida Statutes 365.172(8). 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 E911 fees collected and the product of the “subscribers” and the E911 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 E911 fees collected and the product of the “subscribers” and the E911 fee. (Item (2)(b)4.g.)

7. Net Fees Collected: Revenues derived from the E911 fee levied on subscribers in Florida Statutes 365.172(8) that must be delivered to the E911 Board for deposit by the E911 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 Florida Emergency Communications Number E911 System Remittance Report, it can be electronically transmitted to the E911 Board’s e-mail address: E911BoardElectronicRemittanceReports@dms.myflorida.com.

(e) Third party companies submitting fee remittances on behalf of wireless and non-wireless service providers shall provide a contact person, address, contact phone number and e-mail address on fee remittance information to respond to all E911 Staff inquiries about the fee remittance.

(3) The service providers shall provide their company contact person, address, contact phone number and e-mail address on fee remittance information to explain any irregularities noticed in the monthly fee remittance submittals. In the event of multiple irregularities or failures to submit the fee remittances in a timely manner, the providers representative will be encouraged to attend the E911 Board meeting, either in person or via teleconference, to explain these issues at the monthly E911 Board meeting.

(4) Service providers that fail to collect or deliver collected E911 fee revenue and remittance information within the 60 day submission time frame shall be subject to collection costs required to obtain the fee revenue and lost interest revenue, calculated in accordance with Section 55.03, F.S., on the unpaid E911 fee revenues due. The one percent provider allowance will be applied to offset the total amount of collection costs and lost interest due to the E911 Board, and the service provider shall be obligated to the E911 Board for any remaining balance due.

(5) A service provider may request relief from the monetary obligations resulting from its noncompliance by showing good cause in writing explaining in detail the facts and circumstances purporting to excuse its noncompliance. The service provider’s representative will be encouraged to appear, either in person or via teleconference, at the next ensuing E911 Board meeting to present its position and answer any questions from the E911 Board. The E911 Board, in the exercise of its powers enumerated in 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.

Rulemaking Authority 365.172(6)(a)11., 365.172(8) FS. Law Implemented 365.172(8) FS. History–New_________.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John C. Ford, Chair, 4030 Esplanade Way, Suite 160, Tallahassee, Florida 32399-0950