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Exh 7B AGENDA ITEM #7B ,. AUGUST 26, 2002 ~s ~; .~ CITY OF ATLANTIC BEACH... R : ~ _ CITY COMMISSION MEETING ~,., STAFF REPORT ~w , ~; _ ~.., AGENDA ITEM: ORDINANCE 70-02-16: AN ORDINANCE OF THE CITY ~ OF ATLANTIC BEACH, FLORIDA ADOPTING A NEW LOCAL ` ~ COIV~IUNICATI4NS SERVICE TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR. THE ADOPTION OF A NEW LOCAL ~ ~ CO1~~IUrtICATIONS SERVICE TAX RATE;: PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; r~* PROVIDING FOR AN EFFECTIVE DATE. ~, _; SUBMITTED BY: Nelson Van Liere, Finance Director ~^+ ~. . ~ DATE: Au ust 14, 2002 g B,ACKGI20UND: The Florida Legislature passed the "Communications Services Tax t Simplification Law" creating chapter. 202, Florida Statutes. This law was intended to create a tax reporting system that was more streamlined by allowing ~'"' ~ -the state to collect and then remit to the municipalities. The rates were : `determined by the state based on revenues being received at the time. In the City of Atlantic Beach, we had in place a 10% tax rate on the basic land-line phone ~"" service provided by Bell South Most jurisdictions had previously converted to a 7% tax on all communications services, a larger, faster. growing tax base. This means that when the City of Atlantic Beach changed to the new rates as "~' determined by the state, we also changed to a new tax base including far more services than before. As a result, the City is now receiving much more revenues than the state had estimated. A portion of the. new law would require those ,~"" municipalities that adopted state provided rates, to adjust those rates after an evaluation period to a new rate based on a revenue neutral formula. Unfortunately.for the City of Atlantic Beach, this revenue neutral cap as calculated would mean we would be .required to lower our rates substantially and our revenues for the General Fund would decrease. To avoid being subject to a cap, which would be low compared to other cities, we can adopt a new rate by ordinance. The rate recommended is the state maximum rate of 5.10% and is also -the same rate adopted by Jacksonville and Jacksonville Beach It seems , appropriate that the customer base for this area be charged the same rates for the same services. ,,~ BUDGET: The proposed budget of $425,000 for FY-03 was' based on the assumption that we would be subject to the state imposed cap. However, bypassing this `~ ordinance at the same rate as Jacksonville and Jacksonville Beach, we can expect ~., considerable more revenues.. The tax base is still being refined, but we may receive as much as $625,400, ~, ~ ~""! ~. AGENDA ITEM #7B AUGUST 26, 2002. .-+, ~""'" . Ordinance 70-02-16 "~' AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, ~_, FLORIDA _ ADOPTING A NEW LOCAL COMMUNICATIONS SERVICE TAX RATE; PROVIDING ~" FOR INTENT; PROVIDING FOR THE ADOPTION OF A 4 ~ NEW LOCAL COMMUNICATIONS SERVICE TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY ~~ ' PROVIDING FOR AN EFFECTIVE DATE. ,.~~ WHEREAS, during the 2000 Regular Session, .the Florida Legislature passed „~„ the "Communications Services Tax Simplification Law", creating Chapter 202, Florida Statutes; and ,~„ WHEREAS, section 202.20(1)(a), Florida Statutes, set the local communications services tax conversion rate for the City of Atlantic Beach, Florida for the period October I, 2OOl through September 30,2002 ~, at 6.40%; and ~: ,. WI3EREAS, section 202.20(1)(b), Florida Statutes, set the local '--, communications service tax rate for the City of Atlantic Beach, Florida t beginning October 1, 2002 at 6.02%; and ~+ WHEREAS, section 202.19(2), Florida Statutes, authorizes the City of Atlantic Beach to adopt a local communications services tax at a rate of up to 5.1 %. This rate does not include the add-on of up to .12% for °~ municipalities which choose not to levy permit fees, nor does the xate supersede conversion or emergency rates authorized by section 202.20, Florida Statutes, which may be in excess of the maximum rate; and ', WHEREAS, the City Commission of the City of Atlantic Beach, Florida desires to adopt a lower local communications service tax rate, . , v- NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSIONON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, !"`' ., FLORIDA: that; SECTION 1. Intent ~. It is the intent of the City of Atlantic Beach Florida to adapt a lower new local communications service tax rate. ~; .~.,~ ` AGENDA ITEM #7B AUGUST 26, 2002 ORDINANCE 70-02-16 CITY OF ATLANTIC BEACH ......PAGE TWO SECTION 2. Adoption of the Local Communications Service Tax Rate The local communications service tax conversion rate established under ` section 202.20, Florida Statutes, for the City of Atlantic Beach is presently 6.40%. Beginning October 1, 2002 the rate is scheduled to be changed statutorily to 5.90%. The local communications services tax rate for the ` ; '' City of Atlantic Beach, Florida is hereby changed to 5.10%. This changed rate does not include the add-on of .12% as authorized by section 337, ~^ Florida Statutes. In the Aggregate, the total rate is to be 5.22% effective ~< f ; January 1,..2003.... ~- ` SECTION 3. NOTICE TO THE DEPARTMENT OF REVENUE _ ~"" The City of Atlantic Beach, Florida directs that notice of the above tax decrease be provided to the Department of Revenue by September 1, 2002. ~; ~, c , _ _ _. SECTION 4. SEVERABILITY ~^^ t The provisions of this ordinance are declared to be severable and if any section, sentence, clause or phrase of this ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the E ~ validity of the remaining sections, sentences, clauses and phrases of this ordinance, but the same shall remain in effect, it being the legislative :intent that this ordinance shall stand notwithstandingthe invalidity of any P~• `'`° SECTION 5. REPEALER `" All ordinances in conflict herewith are, to the extent of such conflict, T ' hereby repealed. ~""', ,. SECTION 6. EFFECTIVE DATE.... ~""" ~ This ordinance shall take effect immediately upon its passage by the City ~' Commission of the City of Atlantic Beach, Florida. ~ ; Passed by the City Commission on first reading this day of August 2002. E-- ~: r'± AGENDA ITEM #7B AUGUST 26, 2002 .., t. _ _ r-• ORDINANCE 70-02-16 CITY OF ATLANTIC BEACH PAGE THREE ~"', Passed by the. City Commission on second .reading this day of August 2002. John S. Meserve '""" Mayor /Presiding Officer Approved as to Form and Correctness Alan C. Jensen, Esquire ~"" City Attorney ATTEST: ~, Maureen King, CMC t^' -City Clerk ..,, ,., ', ~, ~•" ~'"? ~, ., f 5 ~r ....~ ~ AGENDA ITEM #7B AUGUST 26, 2002 ~• ~, ~: ~,,, Local Communjcatlons Selrvices,Tax ~ ° Rat ~2' Notification of Tax Rate Change - W_, • oc aEVeNUE THIS ApEA FOR DOR USE ONLY "^ Mall to: faeCe~oed: REVENUE ACCOUNTING COMMUNICATIONS SERVICES TAX Approved: tROR1DA DEPARTMENT OF REVENUE 6r PO BOX 8808 TALLAHASSEE FL 3?314.6809 Oate: NOTE: A copy of ttte ordinance authorizing the rate change is required before such change will became effective. ., , Submitted by: ~ ~ `, ' ~ . Name of Jurisdiction Exlating tax rate New authorized tax rate Effective date (new rate) Repeal date (new rate) Gontact person for rate changes: Name . Telephone number Tide E-mad adWeae Streeup0 Sox C1ty/5tsoa2lP Signahire Title __ PrIrN name Date ~ ' S? ~, ~"'" ~: Inatructlona for Completing Form DR-700021 Governing authorities must use Form DR-700021 to the Department of the new tax rate immediately notify the Department of tax rate changes. A copy upon its adoption, The emergency ordinance or of the ordinance authorizing the change is also resolution shall specify the eltectlvs date for the required beta~e such change will become effective. adjusted rate, which shall be no less than fi0 days ~ after the date of adoption of the ordinance or Rate Changes resolution; and shall be effective with respect to taxable services induded on bins that are dated on Pursuant to section 202.20(2), Florida Statutes, for the first day of a month Subsequent to the expiration the period October 1, 2001 through September 30, of the 60-day. period. 2002, the goveming authority may adjust the rate of the logl communications services tax through an Pursuant to s. 202.21, F.S., far annual rate emergency ordinance or resolution for the periods changes, the goveming authariry shat! notify the ending December 31.2001; March 31, 2002; June Department by September 1 prior to the January 1 30, 2002; and/or September 30, 2002 My effective date. goveming authority that adjusts its rate shall notify.