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RESOLUTION- 98-94
RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS PROVIDING FOR THE ESTABLISHMENTOF 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"
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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 1999/00.
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,
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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 S. 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, 1998.
The foregoing Resolution was offered by Commissioner Adams who moved
its adoption. The motion was seconded by Commissioner Eggert and, upon
being put to a vote, the vote was as follows:
Chairman John W. Tippin A e
Vice Chairman Kenneth R. Macht A b s e n t
Commissioner Fran B. Adams Aye
Commissioner Caroline D. Ginn Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the Resolution duly passed and adopted this 8 day of
September , 1998
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
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John W. TiePin
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Chairman
Joffe X n, Clerk . " ? LW
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