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HomeMy WebLinkAboutO-12020J-01-12 1/3/01 X92 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "911 WIRELESS EMERGENCY COMMUNICATIONS ACT," BY ESTABLISHING INITIAL RESOURCES AND APPROPRIATIONS AND AUTHORIZING EXPENDITURES IN THE AMOUNT OF $379,173.56, CONSISTING OF FUNDS FROM FEES IMPOSED BY THE STATE OF FLORIDA WIRELESS 911 BOARD, DEPARTMENT OF MANAGEMENT SERVICES; PROVIDING FOR THE APPROPRIATION TO SAID FUND OF ANY FUTURE FEES COLLECTED AND AUTHORIZING THE CITY MANAGER TO ACCEPT SAID FUNDS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. WHEREAS, the State of Florida enacted the Wireless Communications Act (the "Act") which established and implemented a comprehensive statewide emergency telephone number system to provide wireless telephone users with rapid direct access to public safety agencies by dialing 911 in accordance with Section 365,.172, Florida Statutes; and WHEREAS, the Act levied a fee: on subscribers of wireless telephone service to provide funds to local governments to pay the cost of installing and operating wireless 911 systems and to reimburse wireless telephone service providers for costs incurred for providing 911 or enhanced 911 services; and " WHEREAS, revenues generated by the fee imposed under the Act are required to fund the efforts of the counties, the Wireless 911 Board, Department of Management Services, and commercial mobile radio service providers to improve the public health, safety, and welfare and serve a public purpose by providing emergency telephone assistance through wireless communications; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The following Special Revenue Fund is hereby established and resources are hereby appropriated as described herein: FUND TITLE: 911 WIRELESS EMERGENCY COMMUNICATIONS ACT RESOURCES: State of Florida Wireless Board $379,173.56 APPROPRIATIONS: $379,173.56 Page 2 of 4 °� `d i • Section 3. The City Manager is authorized'I to accept the funds from the Wireless 911 Board (the "Board") and any future funds from fees imposed by the Board and to execute the necessary documents, in a form acceptable to the City Attorney, for this purpose. Section 4. All Ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED OF FIRST READING BY TITLE ONLY this 11th day of January , 2001. l� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. z/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 4 12442e • PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 8th day of February 2001. JOE CAROLLO, MAYOR trn.: ordance with Miami Coda Sec. 2-36, since the Mayor did not Indicate approval of Yh} it.gislatl�an by sieving it in the designal .d 19;,�erd provi i-�, ^aid legislation n v YteS effective wiih the , �; ,.. of.. (1Q)mt c Ccs Pian t along same, without the Mayor oV% Walter J. %oefnan,-City Clerk ATTEST: WALTER J. FOEMAN CITY CLERK Page 4 of 4 1201210 SECOND READING ORDINANCE TO: The Honorable Mayor and Members of the City Commission FROM/ " OyGi enez J City Manager RECOMMENDATION DATE: SUBJECT ® ' V1 JAN1 - 2 20-1 Proposed Ordinance 7 REFERENCES: 911 Wireless Emergency Communications Act ENCLOSURES: FILE : It is respectfully recommended that the City Commission adopt the attached Ordinance which establishes initial resources and initial appropriations entitled: "911 Wireless Emergency Communications Act" accepting funds from the State of Florida Wireless Board, in the amount of $379,173.56. Further authorizing the acceptance of future funds collected by the State of Florida Wireless Board for this purpose. BACKGROUND The State of Florida Legislature has imposed a fee to fund the efforts of counties, the Wireless 911 Board under the Department of Management Services, and commercial mobile radio service providers to improve the public health, safety, and welfare and serve a public purpose by providing emergencytelephone assistance through wireless communications. The intent of the Legislature is to establish and implement a comprehensive statewide emergency telephone number system that will provide wireless telephone users with rapid direct access to public safety agencies by dialing the telephone number "911." Provide funds to local governments to pay the cost of installing and operating wireless 911 systems and to reimburse wireless telephone service providers for costs incurred to provide 911 or enhanced 911 services. CAG /. LM/lr Major Jorge L. Manresa Commander Business Management Section .'/1 �7�/Y Z44031 FRc"� Captain Patrick F. Anderson Commander Communications Section OF MIAMI . ;NTER-OFFICE MENIORANDUM D'• r.-. November 13, 2000 Z'6'1�7 " (// # 7!LE . 'L'_E 911 Funds from wireless phones RE-_Rc iCES : ENCLOSURES. During the 1999 Legislative session, the Congress of the State of Florida enacted State Statute 365.172, which provides for the collection of a fee for 9-1-1 services. The amount charged shall not exceed .50 cents per wireless phone, per month. The Florida wireless 9-1-1 Board was created to collect said fee and provide payment to the County Governments. The County in turn will distribute funds to the 9-1-1 centers. The amount will be a percentage based on the wireless call volume each 9 -1 -1 -center experiences. (Dade County Only) Miami -Dade County is preparing to distribute the aforementioned monies. A resolution from the City Commission is needed in order to accept these funds. It is requested that the proper legislation be drafted and submitted to the City Commission for approval. . To date $1,458,359.48 has been received by the County for wireless 9-1-1 fees. It is anticipated that 28% ($408,340.65) of that amount will be remitted to the City of Miami for 9-1-1 related expenditures. PFA:tmd/6436 EcEIVIE NOV 14 2000 DEPUTY CHIEF ADMINISTRATION DIV 12020 Florida LegisAure Online Sunstte Bill By Bill Staff Analysis/Bill Vote Hundreds Text Amendments Research Histor,Citations H 621 : Wireless 911 Telephone Services H 621 GENERAL BILL/2ND ENG by Logan; Maygarden; (CO-SPONSORS) Goodlette; Greenstein; C. Smith; Sobel; Gottlieb; Rojas; Bush; Bronson; Melvin; Kilmer; Murman; Bitner; Turnbull; Crow; Kelly; Bainter; Stansel; Boyd; Albright; K. Smith; Fasano; Trovillion; Waters; Flanagan; L. Miller; Edwards; Minton; Dockery; Roberts; Fiorentino (Similar H 0499, 1ST ENG/S 0178, Compare IST ENG/H 0511, H 0513, IST ENG/S 0180, 2ND ENG/S 0182) Wireless 911 Telephone Services; provides legislative findings, purposes, & intent; provides duties of DMS; creates Wireless 911 Board; imposes monthly fee for certain 911 telephone service; provides rate; provides for adjusting rate; exempts fee from state & local taxes; prohibits local governments from imposing additional fees re such service; prohibits certain activities re wireless 911 telephone service; provides severability, etc. Creates 365.172. APPROPRIATION: $18,711,000. EFFECTIVE DATE: 07/01/1999. 02/08/99 HOUSE Prefiled 03/02/99 HOUSE Introduced -HJ 00057 03/03/99 HOUSE Referred to Community Affairs (PRC); Governmental Operations (PRC); Utilities & Communications (CAC); Finance & Taxation (FRC); General Government Appropriations (FRC) -HJ 00175 03/04/99 HOUSE On Committee agenda-- Community Affairs (PRC), 03/08/99, 3:30 pm, Morris Hall 03/08/99 HOUSE Comm. Action: Unanimously Favorable with 2 amendment(s) by Community Affairs (PRC) -HJ 00315 03/11/99 HOUSE Now in Governmental Operations (PRC) -HJ 00315 03/15/99 HOUSE On Committee agenda-- Governmental Operations (PRC), 03/17/99, 3:30 pm, 116K 03/17/99 HOUSE Comm. Action: Favorable by Governmental Operations (PRC) -HJ 00382 03/18/99 HOUSE Now in Utilities & Communications (CAC) -HJ 00382; On Committee agenda-- Utilities & Communications (CAC), 03/22/99, 1:00 pm, 212K 03/22/99 HOUSE Comm. Action: Favorable with 3 amendment(s) by Utilities & Communications (CAC) -HJ 00386 03/23/99 HOUSE Now in Finance & Taxation (FRC) -HJ 00386 04/07/99 HOUSE On Committee agenda-- Finance & Taxation (FRC), 04/09/99, 9:45 am, Morris Hall 04/09/99 HOUSE Comm. Action: Favorable by Finance & Taxation (FRC) -HJ 00582 04/13/99 HOU6E Now in General Government Appropriations (FRC) -HJ 00582 04/14/99 HOUSE On Committee agenda-- General Government Appropriations (FRC), 04/16/99, 9:30 am, 214C 04/16/99 HOUSE Comm. Action: -Unanimously Favorable with 1 amendment s) by General Government Appropriations (FRC) -HJ 00750 04/19/99 HOUSE Placed on Calendar -HJ 00750 04/22/99 HOUSE Placed on Special Order Calendar; Read second time -HJ 00785; Amendment(s) adopted -HJ 00786; Amendment(s) failed -HJ 00786; Read third time -HJ 00786; Passed as amended; YEAS 104 NAYS 11 -HJ 00786; Motion to reconsider adopted -HJ 00804; Amendment(s) reconsidered, failed -HJ 00805; Amendment(s) reconsidered, adopted -HJ 00805; Passed as amended; YEAS 107 NAYS 8 -HJ 00805 04/22/99 SENATE In Messages 04/23/99 SENATE Received, referred to Comprehensive Planning, Local and Military Affairs -Si 00795; Immediately withdrawn from Comprehensive Planning, Local and Military Affairs -SJ 00762; Substituted for SB 178 -SJ 00762; Read second time -SJ 00762; A3120 2 X1/30/99 10:44 AM )9 Bin inrcvmauon: tiouse Tsui voz i ,,..Y ;, ...... •• b ••»., .. ---- --- -- - - ----- -- - Amendment(s) adopted -SJ 00762; Read to time -SJ 00763; Passed as amended; YEAS 39 NAYS 1 -SJ 00763; Immediately certified -SJ 00763 04/23./99 HOUSE In returning messages 04/28/99 HOUSE Concurred -HJ 01496; Passed as amended; YEAS 102 NAYS 11 -HJ 0,1497; Ordered engrossed, then enrolled -HJ 01497 --------------- BILL TEXT: (Top hb0621(View As:HTML,As Printed), hb0621el(View As:HTML,As Printed) hb0621e2(View As:HTML,As Printed) hb062ler(View As:HTML,As Printed)" AMENDMENTS: (Top) hb0621am555903(View As:HTML,As Pro -ted) hb0621am694691 0View As:HTML,As Printed) hb0621am770225(View As:?iTML,As Printed) hb0621am8151-83(View.As:HTML,As Printed) hb0621am911231(View As:HTML,As Printed) 'hb0621am962511(View As:HTML,As Printed) hb062lel623440(View As:HTML,As Printed) STAFF ANALYSIS: (Top) HB0621 by CA(View As: As Printed) HB0621 by GG(View As: As Printed) HB0621 by GO(View As: As Printed). HB0621A by CA(View As; As Printed) HBO621A by FT(View As: As'Printed) HB0621A by GG(View As: As Printed) HB0621A by GO(View As: As Printed) HB0621A by UCO(View As: As Printed) HBO621B by FT(View.As: As Printed) VOTE HISTORY: (Tor)} 04/22/99 HOUSE: HB0621 Rollcall: 0016 " 04/22/99 HOUSE: H20621 Rollcall:. 0021 04/28/99. - HOUSE: HBO621 Rollcall: 0019 04/23/99 SENATE: F201621 Rollcall: 0005 STATUTE CITATIONS:(TOP) A Q 0f3 4/30!99 10:44 AM ENROLLED 1999 Legislature HB 621, Second Engrossed 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. Section 365.172, Florida Statutes, is 4 created to read: 5 365.172 Wireless emergency telephone number "E911." 6 (1) SHORT TITLE. --This section may be cited as the 7 "Wireless Emergency Communications Act." 8 (2) FINDINGS, PURPOSE, AND LEGISLATIVE INTENT. --The 9 Legislature finds and declares that: 10 (a) The mobile nature of wireless communications 11 service creates complexities for providing 911 emergency 12 services. 13 (b) Wireless telephone service providers are required 14 by the Federal Communications Commission to provide wireless 15 enhanced 911 (E911) service in the form of automatic location 16 identification and automatic number identification pursuant to 17 the terms and conditions set forth in an order issued by the 18 Federal Communications Commission. 19 (c) Wireless telephone service providers and counties 20 that operate 911 and E911 systems require adequate funding to 21 recover the costs of designing, purchasing, installing, 22 testing, and operating enhanced facilities, systems, and 23 services necessary to comply with the requirements for E911 24 services mandated by the Federal Communications Commission and 25 to maximize the availability of E911 services throughout this 26 state. 27 (d) The revenues generated by the E911 fee imposed 28 under this section are required to fund the efforts of the 29 counties, the Wireless 911 Board under the Department of 30 Management Services, and commercial mobile radio service 31 providers to improve the public health, safety, and welfare i CODING:Words ±-ken are deletions; words underlined are additions. 12020 ENROLLED 1999 Legislature HB 621, Second Engrossed 1 (e) "Department" means the -Department of Management 2 Services.. 3 (f) "E911 is the designation for a wireless enhanced 4 911 system or wireless enhanced 911 service that .is an 5 emergency telephone system or service that provides a 6 subscriber. with wireless 911 service and, in addition, directs 7 911 calls to appropriate public safety answering points by 8 selective routing based on the geographical location from 9 which the call originated, or as otherwiseprovided in the 10 state plan under s. 365.171, and that provides.for'automatic 11 number identification and automatic location -identification 12 features in accordance with the requirements of the order. 13 (g) "Fee" means the E911 fee imposed under subsection 14 (8). 15 (h) "Fund" means the Wireless Emergency Telephone - 16 System Fund established in s. 365.173 and maintained under 17 this section for the purpose of recovering the costs 18 associated with providing 911 service or E911 service, 19 including the costs of implementing the order. 20 (i) "Local exchange carrier" means an "alternative 21 local exchange telecommunications company" or -a "local 22 exchange telecommunications company" as defined in s. 364.02. 23 (j) "Local government" means.any municipality, county, 24 or political,s.ubdiyision or agency of a municipality, county,._ 25 or political subdivision. 26 (k) "Order" means: 27 1.The following orders and rules of the Federal 28 Communications Commission issued in -FCC Docket No. 94-102:. 29 a. Order adopted on June 12, 1996,.with an effective. 30 date of October 1, 1996, the amendments .to.Section 20:03 and 31 the creation of Section 20.18 of Title 47.of'the Code of 4 CODING:Words stziaken are deletions; words underlined are additions. 12020 ENROLLED 1999 Legislature HB 621, Second Engrossed 11 103-66, Auqust 10, 1993, 107 Stat. 312. The term "service" 2 includes the term "wireless" and service provided by any 3 wireless real-time two-way wire communication device, 4 including radio -telephone communications used in cellular 5 telephone service; personal communications service; or the 6 functional or competitive equivalent of a radio -telephone 7 communications line used in cellular telephone service, a 8 personal communications service, or a network radio access 9 line. The term does not include wireless providers that offer 10 mainly dispatch service in a more localized, noncellular 11 configuration; providers offering only data, one-way, or 12 stored -voice services on an interconnected basis; providers of 13 air -to -around services; or public coast.stations. 14 (a) "Service number" means the unique 10 -digit 15 wireless telephone number assigned to a service subscriber. 16 (r) "Wireless 911 system" or "wireless 911 service" 17 means an emergency telephone system or service that provides a 18 subscriber with the ability to reach an answering point by 19 dialing the digits "911." A wireless 911 system is 20 complementary to a wired 911 system as provided for in s. 21 365.171. 22 (4) POWERS AND DUTIES OF THE DEPARTMENT. --The 23 department shall oversee the administration of the fee imposed 24 on subscribers of statewide E911 service under subsection (8). 25 (5) THE WIRELESS 911 BOARD. -- 26 (a) The Wireless 911 Board is established to 27 administer, with oversight by the department, the fee imposed 28 under subsection (8), including receiving revenues derived 29 from the fee; distributing portions of such revenues to 30 providers, counties, and the department; accounting for 31 receipts, distributions, and income derived by the funds 6 CODING:Words ricke n are deletions; words underlined are additions. 12020 ENROLLED 1999 Legislature HB 621, Second'Engrossed 1 3. Review and oversee the disbursement of the revenues 2 deposited into the fiind;as provided in s. 365.173. The board 3 may establish a schedule for implementing wireless.E911 - 4 service by service area, and prioritize disbursements of 5 revenues from the fund to providers and rural counties as 6 provided in s, 365.173(2)(b) and (c) pursuant to,the schedule, 7 in order to implement E911 services in the most efficient and 8 cost-effective manner - 9 4. Review documentation submitted by providers which 10 reflects current and projected funds derived from the E911 11 fee, and thee -expenses incurred and expected to''be incurred, in 12 order to'comply with the E911 service requirements contained 13 in the order for the purposes of: 14 a.Ensuring that providers receive fair and equitable 15 distributions of funds from the fund: 16 b. Ensuring that providers are not provided 17 disbursements from the fund which exceed the costs Of 18 providing.E911 service, including 'the.costs of complying with 19 the order. 20 C. Ascerta-ning'the projected costs of compliance with 21 the requirements of the order and projected collections of the 22 E911 fee. 23 d. Implementing changes to the allocation percentages 24 or reducing the. E911 fee under paragraph (8)(c). 25 5. Review and approve or reject, in whole or in part, 26, applications submitted by providers for recovery of moneys 27 deposited into the fund. 28 6. Hire'and'retain employees for the purposes of. 29 performing administrative functions for the board. 30 31 I g I CODING:words.ztr-±r_ken are deletions; words.underlined are additions. 12020 L • ENROLLED 1999 Legislature HB 621, Second Engrossed 1 disbursements of moneys from the fund have been made, and the 2. availability and status of implementation of E911 service in 3 this state. 4 (d) By February 28, 2001, the board shall undertake 5 and complete a study for submission by the department to the 6 Governor, the President of the Senate, and the Speaker of the 7 House of Representatives which addresses: 8 1. The total amount of E911 fee revenues collected by 9 each provider, the total amount of expenses incurred by each 10 provider to comply with the order, and the amount of moneys on 11 deposit in the fund, all as of December 1, 2000. 12 2. Whether the amount of the E911 fee and the 13 allocation percentages set forth in s. 365.173 should be 14 adjusted to comply with the requirements of the order, and, if 15 so, a recommended adjustment to the E911 fee. 16 3. Any other issues related to providing wireless E911 17 services. 18 (7) REQUEST FOR PROPOSALS FOR INDEPENDENT ACCOUNTING 19 FIRM. -- 20 (a) The board shall issue a request for proposals as 21 provided in chapter 287 for the purpose of retaining an 22 independent accounting firm. The independent accounting firm 23 shall perform all material administrative and accounting tasks 24 and functions required for administering the E911 fee., The 25 request for proposals must include, but need not be limited 26 to: 27 1. A description of the scope and general requirements 28 of the services requested. 29 2. A description of the specific accounting and 30 reporting services required for administering the fund, 31 10 CODING:Words strcce- are deletions; words underlined are additions. 12020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 ENROLLED 1999 Legislature HB.621, Second Engrossed (c) After July 1, 2001, the board may adjust the allocation percentages -provided -in s. 365.173 or reduce the' amount of the fee, or both, .if necessary to ensure full cost recovery or prevent overrecovery of costs incurred in the. provision of E911 service, including costs incurred.or projected. to be incurred to comply with the. order. Any new allocation percentages or reduced.fee may not be adjusted for 2 years. The fee may not exceed 50 cents per month per each service number. '(d) State and local taxes do not apply to the fee., (e) A local government may not levy any"additional fee on wireless providers or subscribers for the provision of E911 service. - (9). MANAGEMENT OF FUNDS. - (a) Each provider, as apart of.its monthly billing. process, shall collect the fee imposed under subsection (8) The provider may list the fee as a separate entry on each bill, in which case the fee must be identified as a fee for E911 services. A provider shall remit the fee only if the fee. is paid by the subscriber. If a provider receives a partial payment for a monthly bill from a subscriber, the amount received shall first be applied to the payment due the. provider for the provision of telecommunications service. (b) A proVider is not obligated to take any legal action to enforce collection of the fees for which any subscriber is billed. The provider shall provide to the board each quarter a list of the names, addresses, and service numbers of all subscribers, who have indicated to the provider their refusal to pay the fee. (c) Each provider may retain'l percent of the amount of the fees collected as reimbursement for the administrative 12 CODING:Words st---rcr.�rr are deletions; words underlined. ate additions. 7 ENROLLED 1999 Legislature HB 621, Second Engrossed 1 (d) The service area has been scheduled for 2 implementation of E911 service by the board pursuant to 3 subparagraph (6)(a)3. If a county's 911 coordinator requests 4 E911 service from a provider, the coordinator shall also 5 request E911 service from all other providers in the area in a 6 nondiscriminatory and fair manner. 7 (11) MISUSE OF WIRELESS 911 SYSTEM; PENALTY. --E911 8 service must be used solely for emergency communications by 9 the public. Any person who knowingly uses or attempts to use 10 such service for a purpose other than obtaining public safety 11 assistance, or who knowingly uses or attempts to use such 12 service in an effort to avoid any charge for service, commits 13 a misdemeanor of the first degree, punishable as provided in 14 s. 775.082 or s. 775.083. After being convicted of 15 unauthorized use of such service four times, a person who 16 continues to engage in such unauthorized use commit -s_ 17 of the third degree, punishable as provided in s. 775.082, s. 18 775.083, or s. 775.084. In addition, if the value of the 19 service or the service charge obtained in a manner prohibited 20 by this subsection exceeds $100, the person committing the 21 offense commits a felony of the third degree, punishable as 22 provided in s. 775.082, s. 775.083, or s. 775.084. 23 (12) STATE LAW NOT PREEMPTED.= -This section and ss. 24 365.173 and 365.174 do not alter any state law that otherwise 25 regulates providers of telecommunications service.' 26 Section 2. If any provision of this act or the 27 application thereof to any person or circumstance is held 28 invalid, the invalidity shall not affect other provisions or 29 applications of the act which can be given effect without the 30 invalid provision or application, and to this end the 31 provisions of this act are declared severable. 14 CODING:Words stzricken are deletions; words underlined are additions. kt V J.:UVAlu L, Ly or MIamI- Miami route vept.;# 1/ 1 MIAMI-DADE COUNTY, Fi A t' M IAM ISA M STEPHEN P. CL�AR�K CENTER FINANCE DEPARTMENT OFFICE OF THF CONTROLLER SUITE 2620 111 NW IST STREET November 20, 2000 MIAMI FLORIDA 33128-1995 (305) 375-5080 Mr. Peter Chircut Treasurer City of Miami Finance Department Treasury Management 444 S.W. 2 Ave Miami, Florida 33130 Dear Mr. Chircut: Pursuant to Florida Statutes (FSS) 365.172,365.173, and 365.174, the following funds provided from the State of Florida Wireless Board in the amount of $379,173.56 are enclosed for specific 9-1-1 uses as defined in the aforementioned statutes and FSS 365.171. Please note that 9-1-1 funds must be maintained in a separate interest bearing account $$art from other funds. Due to the difference in carry-over percentages and carry-over time fram%it is highly recommended that wire line and wireless 9-1-1 funds not be co -mingled. All 9-1-1 eV* enditures are subject to review by the State or County 9-1-1 Coordinator on a periodic basis. , ..Z . t Questions regarding 9-1-1 procedures or requirements can be directed to Commander lose Camacho, Miami -Dade County 9-1-1 Coordinator or Captain Jesse Varnell, Assistant 9-1-1 lZoordinator,at telephone number (305) 596-8180. Sincerely, I _ j IDf ansa Pa ron Controller 1 12020 0 statutes ->View Statutes->2000->Ch0365->Section 172: Online Sunshine Page 1 of 7 t eiea ii Pnw riffs` ti sl�aioI011M View Statutes Search Statutes Constitution Laws of Florida Order Select Year: FFM The 2000 Florida Statutes #., Title XXVII Chapter 365 View Entire RAILROADS AND OTHER REGULATED Use Of Telephones And Facsimile Chapter UTILITIES Machines 365.172 Wireless emergency telephone number "E911."-- (1) SHORT TITLE. --This section may be cited as the "Wireless Emergency Communications Act." (2) FINDINGS, PURPOSE, AND LEGISLATIVE INTENT. --The Legislature finds and declares that: (a) The mobile nature of wireless communications service creates complexities for providing 911 emergency services. (b) Wireless telephone service providers are required by the Federal Communications Commission to provide wireless enhanced 911 (E911) service in the form of automatic location identification and automatic number identification pursuant to the terms and conditions set forth in an order issued by the Federal Communications Commission. (c) Wireless telephone service providers and counties that operate 911 and E911 systems require adequate funding to recover the costs of designing, purchasing, installing, testing, and operating enhanced facilities, systems, and services necessary to comply with the requirements for E911 services mandated by the Federal Communications Commission and to maximize.the availability of E911 services throughout this state. (d) The revenues generated by the E911 fee imposed under this section are required to fund the efforts of the counties, the Wireless 911 Board under the Department of Management Services, and commercial mobile radio service providers to improve the public health, safety, and welfare and serve a public purpose by providing emergency telephone assistance through wireless communications. (e) It is necessary and beneficial to levy a fee on wireless services and to create the Wireless 911 Board to administer fee proceeds as provided in this section. (f) It is the intent of the Legislature to: 1. Establish and implement a comprehensive statewide emergency telephone number system that will provide wireless telephone users with rapid direct access to public safety agencies by dialing the telephone number "911." 2. Provide funds to local governments to pay the cost of installing and operating wireless 911 systems and to reimburse wireless telephone service providers for costs incurred to provide 911 or enhanced 911 services. 3. Levy a reasonable fee on subscribers of wireless telephone service to accomplish these purposes. 120620 http://www.leg.state.fl.us/statutes/i.../SEC 172.HTM&Title=->2000->Ch03 65->Section%2017 11/16/00 statutes ->View Statutes->2000->Ch0365->Section 172: Online Sunshine Page 2 of 7 (3) DEFINITIONS. --As used in this section and ss. 365.173 and 365.174, the term: (a) "Answering point" means the public safety agency, that receives incoming 911 calls and dispatches appropriate public safety agencies to respond to such calls. (b) "Automatic location identification" means the capability of the E911 service which enables the automatic display.of.information that defines the approximate geographic location of the wireless telephone used to place a 911 call (c) "Automatic number identification" means the capability of the E911 service which' enables the automatic display of the 10 -digit service number used to place a 911 call. (d) "Board" means the board of directors of the Wireless 911 Board. (e) "Department" means the Department of Management Services. (f) 1E911" is the designation for a wireless enhanced 911 system or wireless enhanced 911 service that is an emergency telephone system or service that provides a subscriber with wireless 911 service and, in addition; directs 911 calls to appropriate public safety answering points by selective routing based on.the geographical location from .which the call originated, or as otherwise provided in the state plan under s. 365.171; and that provides for automatic number identification and automatic location -identification features in accordance with the requirements of the order. (g) "Fee" means the E911 fee imposed under subsection (8). (h) "Fund" means the Wireless Emergency Telephone System Fund established in s. 365.173 and maintained under this section for the purpose of recovering the costs associated .with providing 911 service or E911 service, including the costs of implementing the order. (i) "Local exchange carrier" means an "alternative local exchange telecommunications company" or a "local exchange telecommunications company as defined in s..364.02. (j) "Local government" means any municipality, county, or political subdivision or agency of a municipality, county, or political subdivision. (k) "Order" means: 1. The following orders and, rules of the Federal Communications Commission issued in FCC Docket No. 94-102: a. Order adopted on June 12, 1996, with an effective date of October 1, 1996, the amendments to s. 20.03 and the creation of s. 20.18 of Title 47 of the Cod& of Federal =Regulations adopted by the Federal Communications Commission pursuant to such order. b. Memorandum and Order No. FCC 97-402 adopted on December 23, 1997. c. Order No., FCC DA 98-2323 adopted on November 13, 1998. d. Order No. FCC 98-345 adopted December 31, 1998. 2. "Orders and rules subsequently adopted by the Federal Communications Commission relating to the provision of wireless 911.services. (1) "Provider" means a person or entity who provides service and either: 1: Is subject to the requirements of the order; or . 1202 http://www.leg.state.fl.us/statutes%i.../SEC 172.HTM&Title=->2000=>Ch0365->Section%2017 11/16/00 statutes ->View Statutes->2000->Ch0365->Section 172: Online Su.nshi Page 3 of 7 0 2. Elects to provide wireless 911 service or E911 service in this state. (m) "Public agency" means the state and any municipality, county, municipal corporation, or other governmental entity, public district, or public authority located in whole or in part within this state which provides, or has authority to provide, firefighting, law enforcement, ambulance, medical, or other emergency services. (n) "Public safety agency" means a functional division of a public agency which provides firefighting, law enforcement, medical, or other emergency services. (o) "Rural county" means any county that has a population of fewer than 75,000. (p) "Service" means "commercial mobile radio service" as provided under ss. 3(27) and 332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C., ss. 151 et seq., and the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66, August 10, 1993, 107 Stat. 312. The term "service" includes the term "wireless" and service provided by any wireless real-time two-way wire communication device, including radio -telephone communications used in cellular telephone service; personal communications service; or the functional or competitive equivalent of a radio- telephone communications line used in cellular telephone service, a personal communications service, or a network radio access line. The term does not include wireless providers that offer mainly dispatch service in a more localized, noncellular configuration; providers offering only data, one-way, or stored -voice services on an interconnected basis; providers of air -to -ground services; or public coast stations. (q) "Service number" means the unique 10 -digit wireless telephone number assigned to a service subscriber. (r) "Wireless 911 system" or "wireless 911 service" means an emergency telephone system or service that provides a subscriber with the ability to reach an answering point by dialing the digits "911." A wireless 911 system is complementary to,a wired 911 system as provided for in s. 365.171. (4) POWERS AND DUTIES OF THE DEPARTMENT. --The department shall oversee the administration of the fee imposed on subscribers of statewide E911 service under subsection (8). (5) THE WIRELESS 911 BOARD. -- (a) The Wireless 911 Board is established to administer, with oversight by the department, the fee imposed under subsection (8), including receiving revenues derived from t'he.fee; distributing portions of such revenues to providers, counties, and the department; accounting for receipts, distributions, and income derived by the funds maintained in the fund; and providing annual reports to the Governor and the Legislature for submission by the department on amounts collected and expended, the purposes for which expenditures have been made, and the status of wireless E911 service in this state. In order to advise and assist the department in carrying out the purposes of this section, the board, which shall have the power of a body corporate, shall have the powers enumerated in subsection (6). (b) The board shall consist of seven members, one of whom must be the system director designated under s. 365.171(5), or his or her designee, who shall serve as the chair of the board. The remaining six members of the board shall be appointed by the Governor and must be composed of three county 911 coordinators recommended by the Florida Association of Counties and three members from the wireless telecommunications industry. Not more than one member may be appointed to represent any single provider on the board. (c) The system director, or his or her designee, must be a permanent member of the board. Each of the remaining six members of the board shall be appointed to a 4 -year term and may not be appointed to more than two successive terms. However, for the purpose of staggering terms, two of the original board members shall be appointed to terms of 4 years, two shall be appointed to 0 2 0 http://www.leg.state.R.us/statutes/i.../SEC 172.HTM&Title=->2000->Ch0365->Section%2017 11/16/00 statutes->View.Statutes->2000-> h0365 ->Section 172: Online Sunshine Page 4 of 7 terms of 3 years, and two shall be appointed to terms of 2 years, as designated by the Governor. A vacancy on the board shall be filled in the same manner as, the original appointment. (6) AUTHORITY OF THE BOARD; ANNUAL REPORT. -- (a) The board shall: 1. Administer the E911 fee. 2.. Implement, maintain, and oversee the fund. 3. Review and oversee the disbursement of the revenues deposited into the fund as provided in s. 365.173. The board may. establish a schedule for implementing wireless E911 service by service area, and prioritize disbursements of revenues from the fund to providers and rural counties as provided in s. 365.173(2)(b) and (c) pursuant to the schedule, in order to implement E911 services in the most efficient and cost-effective manner. 4. Review documentation submitted by providers which reflects current and projected funds derived from the E911 fee, and the expenses incurred and expected to be incurred, in order to comply with the E911 service requirements contained in the order for the, purposes of: a. Ensuring that providers receive fair and equitable distributions of funds from the fund. b. Ensuring that providers are not provided disbursements from the fund which exceed the costs of providing E911 service,, including the costs of complying. with the order. c. Ascertaining the projected costs of compliance with the requirements of the order and projected collections of -the E911 fee: d. Implementing changes to the allocation percentages or reducing the E911 fee under paragraph'. (8)(c) 5. Review and approve or reject, in whole or in part, applications submitted by providers for recovery of moneys deposited into the fund. 6. Hire and retain employees for the purposes of performing administrative functions for the board. 7. Make and enter into contracts, pursuant to chapter 287, and execute other instruments necessary or convenient for the exercise of the powers and functions of the board. 8. Take all necessary and reasonable steps by July 1, 2000, to secure appropriate information and reports from providers.and otherwise perform all of the functions that would be performed by an independent accounting firm prior to completing the request -for -proposals process under subsection (7); 9. Sue and be sued, and appear and'defend in all actions and proceedings,. in its corporate name to the same extent as a natural person. 10. Adopt, use, and alter a common corporate seal 11. Elect or appoint the officers and agents that are required by the affairs of the board.' 12. The board may adopt rules under ss. 120.536(1) and 120.54 to implement this section and ss. 365.173 and 365.174. 13: Do all acts and things necessary `or convenient to carry out the powers granted in this section, d http://www.leg.state.fl.us/statutes/i.../SEC 172.HTM&Title=>2000->Ch0365->Section%2017 11/16/00 statutes ->View Statutes->2000->Ch0365->Section 172: Online S-unshi2& Page 5 of 7 including but not limited to, consideration of emerging technology and related cost savings. (b) Board members shall serve without compensation; however, members are entitled to per diem and travel expenses as provided in s. 112.061. (c) By February 28 of each year, the board shall prepare a report for submission by the department to the Governor, the President of the Senate, and the Speaker of the House of Representatives which reflects, for the immediately preceding calendar year, the quarterly and annual receipts and disbursements of moneys in the fund, the purposes for which disbursements of moneys from the fund have been made, and the availability and status of implementation of E911 service in this state. (d) By February 28, 2001, the board shall undertake and complete a study for submission by the department to the Governor, the President of the Senate, and the Speaker of the House of Representatives which addresses: 1. The total amount of E911 fee revenues collected by each provider, the total amount of expenses incurred by each provider to comply with the order, and the amount of moneys on deposit in the fund, all as of December 1, 2000. 2. Whether the amount of the E911 fee and the allocation percentages set forth in s. 365.173 _ should be adjusted to comply with the requirements of the order, and, if so, a recommended adjustment to the E911 fee. 3. Any other issues related to providing wireless E911 services. (7) REQUEST FOR PROPOSALS FOR.INDEPENDENT ACCOUNTING FIRM. -- (a) The board shall issue a request for proposals as provided in chapter 287 for the purpose of retaining an independent accounting firm. The independent accounting firm shall perform all material administrative and accounting tasks and functions required for administering the E911 fee. The request for proposals must include, but need not be limited to: 1. A description of the scope and general requirements of the services requested. 2. A description of the specific accounting and reporting services required for administering the fund, including processing checks and distributing funds as directed by the board under s. 365.173. 3. A description of information to be provided by the proposer, includingthe proposer's background and qualifications and the proposed cost of the services to be provided. (b) The board shall establish a committee to review requests for proposals which must include the statewide 911 system director, or his or her designee, and two members of the board, one of whom is a county 911 coordinator and one of whom represents the wireless telecommunications industry. The review committee shall review the proposals received by the board and recommend an independent accounting firm to the board for final selection. By agreeing to serve on the review committee, each member of the review committee shall verify that he or she does not have any interest or employment, directly or indirectly, with potential proposers which conflicts in any manner or degree with his or her performance on the committee. (8) WIRELESS E911 FEE. -- (a) Each provider shall collect a monthly fee imposed on each service subscriber who has a service number that has a billing address within this state. The rate of the fee shall be 50 cents per month per each service number, beginning August 1, 1999. The fee shall apply uniformly and be imposed throughout the state. 12020 hftp://v;ww.leg.state.R.us/statutes/i ... /SEC 172.HTM&Title=->2000->Ch0365->Section%2017 11/16/00 bL4tuLcs-'view statutes ->2000->C iU365->Section 172: Online Sunshin-. Page 6 of 7 (b) The fee is established to ensure full recovery for providers and for counties, over a reasonable period, of the costs associated with developing and maintaining an E911 system on a technologically and competitively neutral basis. (c) After July 1, 2001, the board may adjust the allocation percentages provided in s. 365.173 or reduce the amount of the fee, or both, if necessary to ensure full cost recovery or prevent overrecovery of costs incurred in -the provision of E911 service, including costs incurred or projected to be incurred to comply with the order. Any new allocation percentages or reduced fee may not be adjusted for 2 years. The fee may not exceed 50 cents per month per each service number. (d) State and local taxes do not apply to the fee. (e) A local government may not levy any additional fee on wireless providers or subscribers for the provision of E911 service. (9) MANAGEMENT OF FUNDS.. -- (a) Each provider, as a part of its monthly billing process, shall collect the' fee imposed under subsection (8). The provider may list the fee as a separate entry on each bill, in which case the fee must be identified as a fee for E911 services. A provider shall remit the fee.only if the fee is paid by the subscriber. If a provider receives a partial payment for a monthly bill from a subscriber, the amount received shall first be applied to the payment due the provider for the provision of telecommunications service. (b) A provider is not obligated to take any legal action to enforce collection of the fees for which any subscriber is billed. The provider shall provide to the board each quarter a list of the names, addresses, and service numbers of all subscribers who have indicated to the provider their refusal to pay the fee. (c) Each provider may retain 1 percent of the amount of the fees collected as reimbursement for the administrative costs incurred by the provider to bill, collect, and remit the fee. The remainder shall be delivered to the board and deposited in the fund. The board shall distribute the remainder pursuant to s. 365.173. (d) Each provider shall deliver revenues from the fee 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 billing addresses of wireless subscribers in each county. A provider may apply to the board for a refund of, or may take a credit for, any fees remitted to the board which are not collected by the provider within 6 months following the month in which the fees are charged off for federal income tax purposes as bad debt. The board may waive the requirement that the fees and number of billing addresses be submitted to the board each month and authorize a provider to submit the fees and number of billing addresses quarterly if the provider demonstrates that such waiver is necessary and justified. (e) As used is this subsection, the term "provider" includes any person or entity that resells wireless service and was not assessed the fee by its resale supplier. (10) PROVISION OF SERVICES. --In accordance with the order, a provider is not required to provide E911 service until: (a) The provider receives a request in writing for such service from the county 911 coordinator and the affected answering point is capable of receiving and using the data elements associated with the service. (b) Fuhds are available under s. 365.173(2)(b) (c) The local exchange carrier is able to support the E911 system. 2 �d http://www.leg.state.fl.us/statutes/i.../SEC 172.HTM&Title=->2000->Ch0365->Section%2017 11/16/00 bLaLULUN view statutes->2000->ChU365->Sectiori 172: Online Sunshine - Page 7 of 7 (d) The service area has been scheduled for implementation of E911 service by the board pursuant to subparagraph (6)(a)3. If a county's 911 coordinator requests E911 service from a provider, the coordinator shall also request E911 service from all other providers in the area in a nondiscriminatory and fair manner. . (11) MISUSE OF WIRELESS 911 SYSTEM; PENALTY. --E911 service must be used solely for emergency communications by the public. Any person who knowingly uses or attempts to use such service for a purpose other than obtaining public safety assistance, or who knowingly uses or attempts to use such service in an effort to avoid any charge for service, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. After being convicted of unauthorized use of such service four times, a person who continues to engage in such unauthorized use commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, if the value of the service or the service charge obtained in a manner prohibited by this subsection exceeds $100, the person committing the offense commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (12) STATE LAW NOT PREEMPTED. --This section and ss. 365.173 and 365.174 do not alter any state law that otherwise regulates providers of telecommunications service. History. --s. 1, ch. 99-367. Welcome • Session • Committees o Legislators • Information Center • Statutes and Constitution ® Lobbyist Information Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000 State of Florida. Contact us. 12020 hffp://www.leg.state.fl.us/statutes/i ... /SEC 172.HTM&Title=->2000>Ch03 65->Secti on%2017 11116100 statutes ->View Statutes: Online Sunshine ® Page 1 of 2 0n ins h � u1 Iercat�e �3ess�o�e h View Statutes Search Statutes Select Year: The 2000 Florida Statutes Constitution Laws of Florida EM Order Title XXVII Chapter 365 View Entire RAILROADS AND OTHER REGULATED Use Of Telephones And Facsimile Chapter UTILITIES Machines 365.173 Wireless Emergency Telephone System Fund. -- (1) All revenues derived from the E911 fee levied on subscribers under s. 365.172 must be paid into the State Treasury on or before the 15th day of each month. Such moneys must be accounted for in a special fund to be designated as the Wireless Emergency Telephone System Fund, a fund created in the Department of Management Services as an insured, interest-bearing account. All moneys in such fund are to be expended by the Department of Management Services for the purposes provided in this section and s. 365.172. These funds are not subject to s. 215.20. (2) Subject to any modifications approved by the board pursuant to s. 365.172(8)(c), the moneys in the fund shall be distributed and used only as follows: (a) Forty-four percent of the moneys shall be held in escrow in an insured, interest-bearing account and distributed each month to counties, based on the total number of wireless subscriber billing addresses in each county, for payment of: 1. Recurring costs of providing 911 or E911 service, as provided by s. 365.171(13)(a)6 2. Costs to comply with the requirements for E911 service contained in the order and any future rules related to the order. A county may carry forward, for up to 3 successive calendar years, up to 30 percent of the total funds disbursed to the county by the board during a calendar year for expenditures for capital outlay, capital improvements, or equipment replacement, if such expenditures are made for the purposes specified in this paragraph. (b) Fifty-four percent of the moneys shall be held in escrow in an insured, interest-bearing account and distributed in response to sworn invoices submitted to the board by providers to reimburse such providers for the actual costs incurred to provide 911 or E911 service, including the costs of complying with the order. Such costs include costs and expenses incurred by providers to design, purchase, lease, program, install, test, upgrade, operate, and maintain all necessary data, hardware, and software required to provide E911 service.'Up to 2 percent of the funds allocated to providers shall be retained by the board to be applied to costs and expenses incurred for the purposes of managing, administering, and overseeing the receipts and disbursements from the fund. Any funds retained for such purposes in a calendar year which are not applied to such costs and expenses by March 31 of the following year shall be distributed to providers pursuant to this paragraph. Beginning in state fiscal year 2000-2001, each provider shall submit to the board, by August 1 of each year, a detailed estimate of the capital and operating expenses for which it anticipates that it will seek reimbursement under this paragraph during the ensuing state fiscal year. By September 1 of each year, the board shall submit to the Legislature its legislative budget request for funds to be allocated to providers under this paragraph during the ensuing state fiscal year. The budget request shall be based on the information submitted by the providers and estimated surcharge revenues. Distributions of moneys in the fund by the board to providers must be fair and nondiscriminatory. If the total amount of moneys requested by o 12. http://www.leg.state.fl.us/statuteslindex.cfin?App_mode=Display_Statute&Sear.../Sec173.ht 11/16/00 statutes ->View Statutes: Online Sunshine - Page 2 of 2' providers pursuant to invoices submitted to the board and approved for payment exceeds the amount in the fund in any month, providers that have invoices approved for payment shall receive a pro rata share of moneys in the fund and the balance of the payments shall be carried over to the following month or.months until all of the approved payments are made. The board may adopt rules necessary to address the manner in which pro rata distributions are made when the total amount of funds requested by,providers pursuant to invoices submitted to the board exceeds the total amount of moneys on deposit in the fund. (c) Two percent of the moneys shall be used to make monthly distributions to rural counties for the purpose of providing facilities and network and service enhancements and assistance for the 911 or E911 systems operated by rural counties and for the provision of reimbursable loans and grants by the department to rural counties for upgrading 911 systems. The Legislature recognizes that the wireless E911 fee authorized under s. 365.172 will not necessarily provide the total funding required for establishing or providing the 911 service. It is the intent of the Legislature that all revenue from the fee be used as specified in s..365.171(13) (a)6. (3) The Auditor General shall annually audit the fund10 ensure that moneys in the fund are being. managed in accordance with this section and s. 365.172. The "Auditor General shall provide a report of the annual audit to the board. History: --s. 1, ch. 99-203; s 50, ch. 2000-158, Welcome • _Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The lournals or printed bills of the respective chambers should. be consulted for official purposes. Copyright© 2000 State of Florida. CCgntact us. http://www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Sear.../Sec173.ht 11/16/00 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY' 01)rr in the ............ XX�XX ................. Court, . was published in said newspaper in the issues of Jan 29, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade. County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant furthers that she h either paid nor promised any person, fi or c�thepsaid a discount, rebate, com- mission or r and fore f securing this advertise- ment for ticat� spaDer. orn to an=.. fore me this 2! Janu2001 �av o�1 . ...D........ (SEAL) Octelma V. Ferbeyre pers nally kn%'ANOTARYSEAL VJANE'IT LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. 1? NE 23.2004 I7--- - ----- -----7 - -- - ---- - NOTICE OF PROPOSED ORDINANCES Notice is hereby given that the City Commission of'the City of. Miami, Florida, -will consider the following ordinances on second and final reading on February 8, 20.01 commencing at 9:30 a.m., in the City Commission Chambers, 3500 Pan American. Drive, Miami; Florida: Iii < OSDINANCE NO. - J AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB-. LISHING A SPECIAL REVENUE FUND ENTITLED: "911 WIRE- LESS.EMERGENCY.COMMUNICATIONS ACT,": BY ESTAB- LISHING INITIAL RESOURCES AND APPROPRIATIONS AND AUTHORIZING EXPENDITURES IN THE AMOUNT OF $379,173:56, CONSISTING- OF FUNDS FROM FEES IM- POSED BY THE STATE OF FLORIDA WIRELESS 911 BOARD, DEPARTMENT OF"MANAGEMENT SERVICES; PROVIDING FOR THE APPROPRIATION TO SAID FUND OF ANY FUTURE FEES COLLECTED AND AUTHORIZING THE CITY MANAG- ER TO ACCEPT SAID -FUNDS AND TO EXECUTE THE NEC- ESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITYATTORNEY, FOR THIS PURPOSE;.CONTAINING A RE- PEALER PROVISION AND SEVERABILITY CLAUSE.., ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO. 11759, ADOPTED FEBRUARY_ 9TH, 1999, WHICH ESTABLISHED INITIAL RESOURCE&AND AP- PROPRIATIONS FORA SPECIAL REVENUE FUND ENTI- TLED: "COPS MORE 98" BY INCREASING SAID APPROPRIA- TIONS IN THE AMOUNT OF $750,376, CONSISTING OFA AD- DITIONAL GRANT FROM THE U.S. DEPARTMENT OF JUS- TICE FOR THE CONTINUED SUPPORT OF THE CIVILIAN PO- SITIONS AWARDED UNDER THE COPS MORE 98 PRO- GRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT- AND TO EXECUTE THE NECESSARY DOCU- MENTS; IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER- TO. ANAGERTO. EXPEND MONIES FROM THIS FUND FOR THE OPERA TIONOF.THE PROGRAM; CONTAINING A REPEALER PRO- VISION AND SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO. 11167, AS AMENDED, ADOPTED JULY 14TH 1994, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "OPERATION C.A.R.S.", TO INCREASE AP- PROPRIATIONS TO THE FUND IN THE AMOUNT OF $40,764, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA MOTOR VEHICLE THEFT. PREVENTION AUTHORITY; AU- THORIZING THE CITY MANAGER TO ACCEPT THE GRANT AND EXECUTE TH_E NECESSARY DOCUMENTS, IN,A•FORM ACCEPTABLE .TO THE CITY ATTORNEY, FOR SAID PUR- POSE AND TO EXPEND MONIES FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE THE OPERATION OF THE OPERATION C:A.R.S. PROGRAM;. CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. • , ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND- ENTITLED: "SOLID WASTE REDUCTION: RECYCLING AND EDUCATION (FY 01)" AND APPROPRIATING FUNDS FOR THE DEVELOP- j MI=NT AND IMPLEMENTATION'OF,SAME IN THE AMOUNT" OF. $214,155, CONSISTING OF TWO GRANTS. FROM -THE._ -� 'STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION: (1) A -RECYCLING AND EDUCATION GRANT IN THE AMOUNT OF $174,155, AND (2) A' WASTE TIRE " 'GRANT IN THE'AMOUNT_OF $40,000; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT -AWARDS AND TO EXECUTE THE NECESSARY DOCUMENTSJN A`FORM AC- I j CEPTABLE TO'THE CITY ATTORNEY, FOR ACCEPTANCE ! JJ OF THE GRANTS; CONTAINING A REPEALER PROVISION' j AND SEVERABILITY CLAUSE.:.: Said proposed ordinances may be inspected by the•public.at the Office of the City Clerk, 3500`Pan•American Drive, Miami, Flori- da; 'Monday. through Friday, excluding holidays, between the Hours of 8 a.m.. and 5 p.m. i Ali interested persons may appear, at the _meeting and may be heard with respect to the proposed ordinances: Should any person desire to ap- peal any decision of the City.Commission with respect to any matter to be considered at this meeting, that person shall ensure -that a verbatim record of the proceedings is made including all testimony and evidence , upon which -any appeal may be based. j • ci�Y oF,y = •. jl l • �� �'3 -WALTER J. FOEMAN t} -0A. OuTED CITY'CLERK _ �(#9384) Li 129 _ 01-4-63/129212M 1