Resolution No. 01-14 v ,.
f
• the provision of communications services, the total rate for the local communications services
tax as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, for that
municipality may be increased by resolution by an amount not to exceed a rate of 0.12%. The
bill further provides if a municipality elects to increase its rate effective October 1, 2001, the
municipality shall inform the Department of Revenue of such increased rate by certified mail
postmarked on or before July 16, 2001; and
WHEREAS, section 337.401(3)(c)1., Florida Statutes (2000), further provides that if a
municipality does not make an election and notify the Department of Revenue, it is presumed
that the municipality elects not to require and collect permit fees from any provider of
communications services that uses or occupies municipal roads or rights-of-way for the provision
of communications services, and such municipality will be authorized to increase its tax rate by
an amount not to exceed a rate of 0.12%; and
WHEREAS, whatever election the municipality makes, such election shall take effect on
October 1, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC
BEACH, FLORIDA AS FOLLOWS:
IIIII SECTION 1. Intent.
It is the intent of the City of Atlantic Beach, Florida to make an election under section
337.401(3)(c)1., Florida Statutes (2000), as amended by section 34, Enrolled CS/CS/SB 1878 by
the 2001 Florida Legislature, regarding the City of Atlantic Beach, Florida's decision on whether
to require and collect permit fees from any providers of communications services that use or
occupy municipal roads or rights-of-way for the provision of communications services.
SECTION 2. Election Not to Require and Collect Permit Fees.
The City of Atlantic Beach, Florida elects not to require and collect permits fees from any
provider of communications services that uses or occupies municipal roads or rights-of-way for
the provision of communications services. As provided in section 337.401(3)(c)1., Florida
Statutes(2000), this election shall take effect October 1, 2001.
SECTION 3. Election to Increase Local Communications Services Tax.
Pursuant to section 337.401(3)(c)l.b., Florida Statutes (2000), as amended by section 34,
Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, the City of Atlantic Beach, Florida
elects to increase its total rate for the local communications services tax as computed under
section 202.20(1) and (2), Florida Statutes (2000), as amended, by an amount of 0.12%, and this
election shall take effect October 1, 2001.
0 SECTION 4. Notice to the Department of Revenue.
i.
110
RESOLUTION NO. 01-14
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, RELATING TO REQUIRING AND
COLLECTING PERMIT FEES FROM PROVIDERS OF
COMMUNICATIONS SERVICES AND INCREASING THE
LOCAL COMMUNICATIONS SERVICES TAX;
PROVIDING FOR INTENT; PROVIDING FOR ELECTION
NOT TO REQUIRE AND COLLECT PERMIT FEES;
PROVIDING FOR ELECTION TO INCREASE LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING FOR
NOTICE TO THE DEPARTMENT OF REVENUE;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, section 337.401(3)(c)1., Florida Statutes (2000), requires each municipality
to make an election regarding the payment of permit fees by providers of communications
services and further requires each municipality to inform the Department of Revenue of the
IDelection by certified mail by July 1, 2001; and
WHEREAS, a municipality may require and collect permit fees from any providers of
communications services that use or occupy municipal roads or rights-of-way for the provision
of communications services. However, to ensure competitive neutrality among providers of
communications services, a municipality that elects to exercise its authority to require and collect
permit fees will have an automatic reduction in the rate of the local communications services tax
for the municipality, as computed under section 202.20(1) and (2), Florida Statutes (2000), as
amended, by a rate of 0.12%; and
WHEREAS, alternatively a municipality may elect not to require and collect permit fees
from any provider of communications services that uses or occupies municipal roads or rights-
of-way for the provision of communications services. If the municipality elects not to require
and collect permit fees, the total rate for the local communications services tax as computed
under section 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may
be increased by ordinance by an amount not to exceed a rate of 0.12%; and
WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature
further amends section 337.401(3)(c)1., Florida Statutes (2000), to state that the Department of
Revenue must be informed of a municipality's election by certified mail postmarked on or before
July 16, 2001; and
WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature
• further provides that if a municipality elects not to require and collect permit fees from any
provider of communications services that uses or occupies municipal roads or rights-of-way for
0 The City of Atlantic Beach, Florida directs that notice of the above elections be provided
to the Department of Revenue by certified mail by July 16, 2001, as provided in section 34,
Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature.
SECTION 5. Severability.
The provisions of this Resolution are declared to be severable and if any section,
sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Resolution but shall remain in effect, it being the legislative intent
that this Resolution shall stand notwithstanding the invalidity of any part.
SECTION 6. Effective Date.
The effective date of this Resolution/Ordinance shall be immediately upon its passage by
the City of Atlantic Beach, Florida.
PASSED by the City Commission of the City of Atlantic Beach this 9th day
of July 2001.
Attest:
‘t
MA REEN KING
City Clerk
1 \
`til, 1._
J Alli ' SERVE
Ma esi' 'ng Officer
Approved as to form and correctness:
lide,
ALAN C. .1 _ :EN, ESQUIRE
City Atto , • •