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Home My WebLink About07-046 t , :iOPLf'/{) , ¡Y)-f!3 . r;,h. P ~-¿ SeliA¡ ORDINANCE NO. 07-046 li: :::) o ° z ~ Cl 5 0:: ° 0 a= a; Ü ~ w ~ ~8 ~ a.l8 '''''It ~ ON a= C;¡' W r-- U) .J>-8~ O~NN .Z¡::;UJO ~:::)~C>O . 0 - « , >=,o2lc..¡::¡ a=wleæ¡<fl, u..Õ~(X)c> .:::) 2l N Z :E.J~:'::15 Z "'5<0:: -~'It~O ~a~o::frl w CIl ü: 0 0:: AN ORDINANCE OF THE COUNTY OF ST. LUCIE COUNTY, FLORIDA, DELETING SECTION 1-2-2 OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS WHICH IMPOSED A LOCAL OPTION FEE FOR E911 SERVICE; PROVIDING FOR FILING; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COU~ lY, FLORIDA HAS MADE THE FOLLOWING DETERMINATIONS: (a) The Legislature passed Chapter 2007-78, which eliminates counties' authority to impose a local option fee for E911 service, replacing it with a State-imposed fee which will be provided to counties by the State E911 Board to pay certain costs associated with E911 systems. (b) Section 1-2-2 provided for the imposition of a local option fee for E911 service. (c) The County no longer has the authority to impose the fee for E911 service, rendering Section 1-2-2 void. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-2, ADMINISTRATION, OF'THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY IS HEREBY AMENDED BY DELETING SECTION 1-2-2 AS FOLLOWS: Sec. 1-2 2. D911 system, local option &e. 1. (a) Public purpose. The establishment of an [911 system in S1. Lucie County, PlOIida, is qec.laled to be a public pm pose and fOI the bencfit ofthc citizens of S1. Lucie Count)', as well as f01 visitoIs to thc county. (b) Local option fee: (1) Thcrc is hereby imposed a local option fcc for [911 service and cquipment, in the amount of fifty cents ($0.50) pCI month pCI acccssline, up to a maximum oftwcnt)'-fivc (25) accc:.sslincs pCI account bill 1 cndeI cd to be paid by thc local c:.xchange subscIibclS in the county bcginning on the next billing datc oftllc:. tc.lcphone company fullowing thc effective datc of this section. (2) The county shall report to thc statc di'v'Ùion of communications, current 911 fee on or before OctobeI 30 of cach )'cal. Any fee adjustmcnt shall be Icportcd to the state division of ,- j communications. (c) Separate fund. The budget and management administrator and finance director arc directed to establish a scparate fund spec.ifically fm the recc.ipt and expenditures fees relatcd to the E911 system. All fees placed in sueh fund shall be. used only ful 911 costs deseIibcd in Section 365.171 (13)( 1 )6, Plo1Ída Statutes. (d) 911 budget. The money collected and interest earned in the separate fund shall be applopriatcd for 911 purposes by the boatd of county commissioners and incorporated into the annual county budget. No mOle than ten (10) pcr ccnt of the 911 fee billed for the pli01 yeat may be eallied f01ward. The amount of moneys eanied furwald each yeat may be accumulatcd in Oldcr to allow for capital improvements. The catryovcr shall be documcnted by resolution of the bOald expressing the purpose of eall)iover 01 by an adopted capital impro v cment program identifying projected expansion or replacement expenditures for 911 equipment and selviec features, or both. In no event shall the 911 fee eall)'Over surplus moneys be used for any purpose other than for the E911 equipment ser vice fcatmes and installation chatges authorized in Section 365.171 (13)(a)6, Plorida Statutes. ( c) Collection of fcc, payment of administrati v e fee for collection. Southern Dell Telephone of Plorida, Inc., (hereinafter called the telephone company), is hClcby requested to colleet the fcc, as herc.inabove set furth, flom its subscribers in the county, such telcphone company to retain as an administ1ative fee all amount equal to one (1) poccnt of the fees collected by the telephone company. The administ1ati vC fee shall be first deducted by the telephone company from the fees collected and the remainder of sue.h fees collectcd shall be. re.mittcd to the county 01 retaincd by the telephone COmpatlY and applie.d on the cost of the E911 scr vice and equipmcnt. hI c.ithCl event, the telephone company shall supply monthly to the county a statcment as to fee.s collected. The telephone company shall provide quartelly to the county a list ofthc names, addle.ssCS, and telephone numbers of any and all subseribos who have. identificd to the. telcphone company their refusal to pay the 911 fee. The telephone company shall have no obligation to take legal action to cnforce collection of such fec. (f) Indemnification. (1) S1. Lucie Count) shall indemnify the telephone COmpmly against liability in accordance vvith the telephone company's lawfully filed tariffs unlcss the telephone company acted with malicious purpose 01 in a manner exhibiting wanton and willful disregald of human rights, safety, 01 property in providing ser vice. (2) The count) shall remain liable to the telephone company for any E911 service, equipment, ope.lation, Ol maintenancc chalge. owed by the county to the telephone company. PART B. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. p PART C. EFFECTIVE DATE. This Ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART D. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Aye Vice Chairman Joseph E. Smith Aye Commissioner Paula A. Lewis Aye Commissioner Charles Grande Aye Commissioner Doug Coward Aye PART E. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to E shall not be codified. PASSED AND DULY ADOPTED this 11th day of September, 2007. .·':f· ATTEST: .?' .¡' ,,- }........ ., APPROVED AS TO FORM AND CORREC"fESS BY: