§ 26-44. Administration of customer service standards.

(a)

County administrator authority. The county administrator or his or her designee (when used herein "county administrator" shall mean the county administrator or his or her designee) shall have the responsibility for the administration of the consumer protection standards contained in this article. Such responsibility shall include the resolution of all complaints against a franchisee regarding the quality of service, billing matters, equipment malfunctions, and all other customer matters. The county administrator's authority includes the authority to issue administrative orders for fines. The county administrator may settle or compromise any controversy arising from operations of the franchisee, either on behalf of the county, the franchisee, or any subscriber, in accordance with the best interests of the public.

(b)

Notice of decision. Any administrative decision made by the county administrator shall be provided to the franchisee in writing. The franchisee shall have 15 business days from receipt of such written decision to respond in writing to such decision, or such decision shall become a final administrative decision.

(c)

Authority to require service. In cases where requests for service have been ignored or where the service provided is unsatisfactory for any reason, the county administrator shall have the power to require the franchisee to provide service if such request for service is not inconsistent with the requirements of a franchise.

(d)

Appeal of county administrator's decision. Any person aggrieved by an administrative decision of the county administrator, including the franchisee, may appeal the matter to the board of county commisioners. The aggrieved person shall have 30 days from receiving the written administrative decision of the county administrator to file a written appeal to the board of county commisioners. No fine, interest or late charge shall accrue while such appeal is pending. The board of county commisioners may accept, reject, or modify the decision of the county administrator, based upon a review of the information provided at a public hearing at which the aggrieved person has the right to be heard. No adjustment, settlement, or compromise, whether instituted by the county administrator or by the board of county commisioners, shall be contrary to the provisions of this article or any franchise agreement issued pursuant to this article, and neither the county administrator nor the board of county commisioners, in the adjustment, settlement, or compromise of any controversy, shall have the right or authority to add to, modify, or delete any provision of this article or of the franchise agreement, or to interfere with any rights of subscribers or any franchisee under applicable law or private contract. Any person aggrieved by a decision of the board of county commisioners, including a franchisee or a subscriber, may appeal the matter to a court of competent jurisdiction within the county, the state or United States District Court for the Middle District of Florida. In addition, nothing herein shall prohibit a person from pursuing any claim for relief against a franchisee in a court of competent jurisdiction and the remedies available to a subscriber herein are in addition to any other remedies, at law or equity, a subscriber may have.

(Ord. No. 02-18, § 2, 7-30-02)