1. (1) SUNCOM Charges to Customers.

   1. (a) The Department provides SUNCOM invoices and invoicing detail to Customers electronically through the secure Web site: http://suncombilling.myflorida.com.

   2. (b) Payment Processes –

      1. To properly satisfy an invoice the Customer must provide complete information with the payment that is sufficient to ensure that the Department receives the credits and they are attributable to the correct invoice.

      2. Customers who properly satisfy the invoice through the State accounting system (with a Journal Transfer) need not provide any other documentation to the Department.

      3. Customers who properly satisfy the invoice through other electronic methods established by the State Chief Financial Officer need not provide any other documentation to the Department.

      4. Customers properly satisfying the invoice via any other means shall send one copy of the summary element with the payment to:

      Department of Management Services

      Division of Telecommunications (SUNCOM)

      Post Office Box 6448

      Tallahassee, Florida 32314-6448.

   3. (c) The entire amount of the bill is due within 30 days from the date the invoice was printed.

      1. Non-payment of the bill within 31 days from the date the invoice was printed shall result in a notice of nonpayment describing potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.

      2. Non-payment of the bill within 60 days from the date the invoice was printed shall result in a second notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.

      3. Non-payment of the bill within 90 days from the date the invoice was printed shall result in a third notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.

      4. Non-payment of the bill within 120 days from the date the invoice was printed shall result in a fourth notice of nonpayment warning the Customer of the potential consequences of failure to make a timely payment in accordance with the provisions in paragraph 60FF-2.005(1)(d), F.A.C., and criteria in paragraph 60FF-2.005(1)(e), F.A.C.

   4. (d) The remedies and consequences for failure to make timely payment may include:

      1. Prohibition on obtaining new SUNCOM services; and,

      2. Suspension of services; and,

      3. Use of debt collection processes to obtain payment; and,

      4. Suspension of the services related to the unpaid invoices; and,

      5. Suspension of all SUNCOM services to the Customer that has failed to make timely payment.

   5. (e) The Department shall consider the following criteria in determining remedies for non-payment:

      1. The length of time the invoice has not been paid; and

      2. The existence of related legitimate and timely charge disputes from the Customer in accordance with subsection 60FF-2.005(6), F.A.C.; and,

      3. The risk that the Customer will exist in the future as an ongoing operation and thus will be able to satisfy the debt in the future; and,

      4. The size of the debt; and,

      5. The Customer’s good faith commitments and efforts to satisfy the debt; and,

      6. The public service ramifications from suspension.

   6. (f) Disputing Charges – If the Customer disputes any of the charges on a SUNCOM invoice, the Customer shall submit a “charge dispute” via electronic mail to the following address: SUNCOMInv@dms.myflorida.com.

      1. (I) The phrase “Charge Dispute-Invoice Number” followed by the name of the Customer in the subject line of the electronic mail.
      2. (II) A detailed description of the dispute. The simplest and most effective description shall cite CSA data that indicates that the charge is unwarranted. Absent CSA data that supports the Customer’s claim, the description shall cite other documentation and provide a thorough rationale for the claim including an explanation regarding why the CSA data does not support the claim.

      3. (III) Supporting attachments.

         2. In spite of the Customer’s dispute of a portion of the charges, the Customer shall pay the entire invoice, including the disputed charges, and await resolution of the dispute and a subsequent credit from the Department.

      4. (I) However, if the Customer makes a good faith determination that the disputed charge constitutes an onerous obligation and the Customer has a good faith belief that the charge is unwarranted, the Customer may withhold payment for the corresponding portion of the charge that is in dispute. If the Customer chooses to exercise this option, the Customer shall include a statement akin to the following in their charge dispute: “Because this disputed charge constitutes an onerous cost and the Customer is confident that the disputed charge is unwarranted, the Customer is withholding payment for the portion of the invoice related to the disputed charge.”

      5. (II) The Customer shall never withhold payment for charges that are unrelated to the specific charge that is disputed. If an invoice includes disputed charges, the Customer must satisfy the invoice for an amount equal to the portion of the invoice that is not disputed.

         3. Barring prohibitively complicated factors, the Department shall resolve the disputed charge within two billing cycles from the date of the charge notification.

      6. (I) If the Department concurs with the Customer, the Department shall inform the Customer via a reply to the charge dispute via electronic mail and issue a credit for the amount of the dispute on the next amendable invoice.
      7. (II) If the Department does not concur with the Customer, the Department shall inform the Customer and provide the rationale for its conclusion in a reply to the charge dispute via electronic mail.

      1. The electronic mail shall contain the following:

2. (2) SUNCOM Provider Billing to the Department.

   1. (a) SUNCOM Providers shall invoice the Department for all SUNCOM Services provided to SUNCOM and SUNCOM Customers.
   2. (b) The Department shall invoice all SUNCOM Customers for all SUNCOM Services rendered.

   3. (c) The Department shall pay SUNCOM Providers lump sums on behalf of all SUNCOM Customers for the entire amount of legitimate charges regardless of the payment status of SUNCOM Customers.

      The Department shall solely determine when services shall be suspended to SUNCOM Customers for nonpayment in accordance with paragraph 60FF-2.005(1)(c), F.A.C.

   4. (d) The SUNCOM Provider must make good faith efforts to render charges to the Department and SUNCOM Customers accurately.

      Based upon a commensurate commitment from each SUNCOM Provider and the Department’s judgment that the SUNCOM Provider has made a good faith effort to invoice accurately, the Department shall choose “other remedy of the error” rather than request “a corrected invoice” as described in Section 215.422(3)(b), F. S., to reconcile invoicing errors. These remedies shall include use of Generally Accepted Accounting principles to identify errors and process credits.

   5. (e) The SUNCOM Provider shall supply an unchangeable hand bill showing the official charge to the Department.

      Through written agreement with the Department, the hand bill may consist of unchangeable electronic data.

   6. (f) The SUNCOM Provider shall electronically supply detail substantiating the invoice.

      1. When totaled, the substantiating detail must match and validate the hand bill and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers.

      2. The electronic files containing the substantiating detail must include sufficient data to enable the Department to render invoices to SUNCOM Customers for their proportionate usage of the SUNCOM Services. That data must include: CSA number, Customer name and account codes, item, and amount of item. All other billing elements must be included as defined by the contract between the Department and the SUNCOM Provider, such as billing date, interval billed, and service specific detail.

      3. The substantiating detail must be provided by using an Electronic Data Interchange format established by the Department and by sending to the following electronic mail address: ftppool.dms.state.fl.us.

      4. Any electronic billing substantiation or detail data supplied by SUNCOM Providers that is not authorized by the Department as the means of accepting electronic substantiating detail data shall be considered supplemental aids to auditing or querying invoicing data and shall not comprise official payment obligations or substantiating detail.

   7. (g) The date the invoice is received by the Department or the date the service was rendered, whichever is later, constitutes the billing date used as a basis for determining payment deadlines. Billing dates prior to the time when the associated service is rendered or billable service period is complete have no consequence on the Department’s payment obligation.
   8. (h) Conflicting or mutually exclusive methods of billing to and collections from SUNCOM Customers are prohibited.

   9. (i) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.

      1. The portion of the subsequent invoice that SUNCOM shall pay and seek from SUNCOM Customers shall be determined by the terms of the contract for the service.

      2. If terms addressing subsequent billing do not exist in the contract for the service, the Department and the Customer shall pay only the amounts owed for the current fiscal year.

   10. (j) Overcharges from SUNCOM Providers, including charges for services that should have been terminated in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Department.

       1. The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.

       2. If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.

   Barring the exceptions for contract terms described below, all of the following conditions apply to invoicing from SUNCOM Providers:

3. (3) SUNCOM Provider Billing Directly to Customers.

   1. (a) The SUNCOM Provider must be granted authority through its written contract with the Department in order to invoice SUNCOM Customers directly for SUNCOM Services.

   2. (b) When the SUNCOM Provider invoices SUNCOM Customers directly:

      1. The SUNCOM Provider must make good faith efforts to render accurate charges to SUNCOM Customers.

      2. The SUNCOM Provider shall electronically supply to the Department complete and accurate detail substantiating all of the charges to SUNCOM Customers.

      a. When totaled, the substantiating detail must validate the invoices to Customers and provide a thorough source of auditing and reconciling the basis for charges from SUNCOM Providers by including sufficient data to enable the Department to determine proportionate usage of the SUNCOM Customers.

      b. Absent contract provisions with the Department that establish formats and exchange methods for the electronic substantiating detail file, the file must be provided using an Electronic Data Interchange format established by the Department and sent to the following electronic mail address: ftppool.dms.state.fl.us.

      c. The Department is not obligated to provide the Customer copies of invoices or substantiation on behalf of the SUNCOM Provider. If the Department chooses to do so, it shall not be as a part of a normal practice, and any such data that the Department provides shall not constitute official obligations of the state.

   3. (c) The Department has no obligation to assume payable commitments on behalf of SUNCOM or SUNCOM Customers in instances where a vendor or SUNCOM Provider submitted an invoice directly to a SUNCOM Customer. If the Department chooses to assume such commitments, it shall only pay the SUNCOM provider when the Customer makes an associated payment to the Department.

   4. (d) SUNCOM Providers may invoice after the normal billing cycle for charges that were not adequately invoiced during the normal billing cycle.

      1. The portion of the subsequent invoice that the Customer shall pay shall be determined by the terms of the contract for the service.

      2. If terms addressing subsequent billing do not exist in the contract for the service, the Customer shall pay only the amounts owed for the current fiscal year.

   5. (e) Overcharges from SUNCOM Providers, including charges for services that should have been suspended in accordance with a Communications Service Authorization (CSA) or services that were not provided during the billing period that was billed, shall be refunded to the Customer.

      1. The portion of the overcharge that the SUNCOM Provider shall refund shall be determined by the terms of the contract for the service.

      2. If relevant terms addressing overcharges do not exist in the contract for the service, the SUNCOM Provider shall credit an amount for the entire period the service was billed while the service was not available or for the period that it was billed after it should have been suspended in accordance with a Communications Service Authorization (CSA), whichever is greater.

Rulemaking Authority 282.702(2), 282.702(9) FS. Law Implemented 282.702(2), (8), (12), 282.703, 282.704, 282.705, 282.706, 282.707 FS. History–New 6-25-08, Amended 3-2-17.