§ 10-3. Telephone subscriber 911 service fee.

(a)

Imposition of fees. All fees referred to in this section shall be imposed upon and paid by the local exchange subscribers within Marion County served by or to be served by the 911 service, on an individual access line basis (up to a maximum of twenty-five (25) access lines per account bill rendered).

(1)

Nonrecurring fee. The board may, by resolution, authorize imposition of nonrecurring fees upon a finding by the board that nonrecurring equipment authorized by the Act is required to operate the 911 system and that such equipment was not included in the equipment funded by the initial nonrecurring fee, the additional nonrecurring fee, or any subsequent nonrecurring fee. The resolution shall specify the amount per month and the number of months the subsequent nonrecurring fee is to be collected, which shall not exceed fifty cents ($0.50) per month and eighteen (18) months respectively. Certified copies of the resolution shall be provided to the telephone company, and collections shall commence ninety (90) days after receipt thereof.

(2)

Recurring fee. The board may, by resolution, impose a recurring fee, not to exceed fifty cents ($0.50) per month, to provide for the operation and maintenance of the 911 system and equipment, as authorized by the Act. The recurring fee may only be imposed upon findings by the board that imposition of the fee is necessary to provide for the operation and maintenance of the 911 system and equipment; that the division has approved the budget for the recurring fee; that adjustments have been made to correct any shortfall or overage in the 911 account as required by the Act, and that all other requirements of the Act have been met with respect to imposition of the recurring fee. The resolution shall state the amount of the recurring fee and the beginning and ending dates for collection thereof. Certified copies of the resolution shall be provided to the telephone company.

(b)

Limitation on fees. In no case shall the total fee collected exceed fifty cents ($0.50) per month.

In no event shall the recurring fee be collected after the 911 service has been discontinued.

(c)

Definitions. The definitions of terms set out in the Florida Emergency Telephone Act, as amended, are adopted as the definitions of terms in this section. In addition, the following definitions shall apply:

(1)

Telephone company means each telephone company providing telephone services within Marion County.

(2)

Board means the board of county commissioners of Marion County, Florida.

(3)

Act means the Florida Emergency Telephone Act, section 365.171(13)(a)4, Florida Statutes, as same may be amended from time to time.

(d)

Collection and disposition of fees.

(1)

The fees imposed under this section shall be collected by the telephone company, and all proceeds shall be remitted to the county on the first day of each month, less an administrative fee of one percent, which administrative fee shall be retained by the telephone company as provided in the Act.

(2)

There is hereby established a separate audit account for the deposit of all fees collected and funds received relating to the 911 system. All funds in this account shall be used for purposes authorized by the Act, and no others. This account shall be examined on a regular basis, no less than once a year, to determine whether there is a surplus or deficit in the account, based on projected costs of operating, maintaining, and expanding the 911 system.

(e)

Telephone company.

(1)

The telephone company shall have no obligation to take any legal action to enforce collection of the fees imposed pursuant to this section. The telephone company shall provide quarterly to the board a list of the names, addresses, and telephone numbers of any and all subscribers who have identified to the telephone company their refusal to pay any fee imposed pursuant to this section.

(2)

To the extent authorized by law and the Act, the county hereby agrees to indemnify the telephone company against liability in connection with the 911 system. Nothing herein shall be construed to extend this indemnity to instances where the telephone company acted with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.

(Ord. No. 85-30, §§ 1—4, 12-26-85; Ord. No. 88-28, § 1, 6-28-88)

Editor's note

Ord. No. 85-30, adopted Dec. 26, 1985, did not amend the Code; therefore, its inclusion as § 10-3 has been at the editor's discretion. The fee expires June 30, 1987.