HomeMy WebLinkAbout1999-108RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE ESTABLISHMENT OF A COUNTYWIDE
"E911" TELEPHONE FEE TO PAY FOR SYSTEM CHARGES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE INDIAN RIVER COUNTY
ADMINISTRATIVE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature enacted House Bill 1223 which amended Section 365.171, Florida
Statutes, entitled "The Florida Emergency Telephone Act" to permit the imposition of a "911" fee
on all residential and business telephone lines; and
WHEREAS, this fee may be used to pay for all charges assessed to the Countywide "911"
emergency telephone system; and
WHEREAS, this fee may not exceed $.50 per line, per month; and
WHEREAS, the "911" fee will generate revenue which will help pay the cost of providing such
service throughout the County including the various municipalities; NOW, THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA:
Section 1. That the Board of County Commissioners hereby establishes a fee of $.50 per month
per access line up to a maximum of 25 access lines per account bill rendered. This fee shall be in
effect for 12 months from the effective date of this Resolution at which time it shall be reviewed by
the Board prior to the beginning of fiscal year 2000/01.
Section 2. That in accordance with the provisions of Section 365.171, Florida Statutes, Bellsouth
Business Systems, Inc. shall collect such fees less an administrative fee of an amount equal to one
percent (1%) of the total "911" fee collected by BellSouth.
Section 3. That in accordance with the provisions of Section 365.171, Florida Statutes, BellSouth
shall provide to the County on quarterly basis a list of the names, addresses, and telephone numbers
of any and all subscribers who have identified to BellSouth their refusal to pay the "911" fee.
Section 4. That pursuant to the authority set forth within Section 365.171, Florida Statutes,
Indian River County hereby indemnifies and holds harmless BellSouth Business Systems, Inc.
against liability for damages resulting from or in connection with "911" service or identification of
telephone numbers, addresses, or names associated with any person accessing "911 " service, except
if BellSouth acts with malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety or property in providing such services.
Section 5. That the Board hereby authorizes that a letter be sent to BellSouth notifying them of
the imposition of the fee, that the fees shall be collected by BellSouth less an administrative fee, that
BellSouth shall provide the County with the above -referenced list and request written
acknowledgement from BellSouth regarding the imposed fees and other matters set forth within the
letter.
Section 6. SEVERABILITY
If any section, sentence, clause or phrase of this Resolution is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this Resolution.
Section 7. EFFECTIVE DATE
This Resolution shall become effective October 1, 1999.
The foregoing Resolution was offered by Commissioner Adams who moved
its adoption. The motion was seconded by Commissioner G i nn and, upon being
p -..t to a vote, the vote was as follows:
' Chairman Kenneth R. Macht
Aye
Vice Chairman Fran B. Adams
Aye
Commissioner Ruth Stanbridge
Aye
Commissioner Caroline D. Ginn
Aye
Commissioner John W. Tippin
Aye
The Chairman thereupon declared the Resolution duly passed and adopted this 5th day of
October ,1999.
,
ATTEST:
Je " rton; Clerk,,
BOARD OF COUNTY COMMISSIONERS
;B'
IAN RI ER COUNTY, FLORIDA
Kenneth . Macht
Chairman