HomeMy WebLinkAboutResolution_50-00/01_07/12/2001•
RESOLUTION NO. 50-00
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, 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.
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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
election by certified mail by July 16, 2001; and
WHEREAS, a municipality may require and collect
permit fees from any provider 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
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municipality may be increased by resolution or
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 Statues (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
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 ordinance or 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 VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
AS FOLLOWS:
Section 1. Intent.
It is the intent of the Village of Tequesta to make an
election under section 337.401(3)(c)l., Florida
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Statutes (2000), as amended by section 34, Enrolled
CS/CS/SB 1878 by the 2001 Florida Legislature,
regarding the Village'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 Village of Tequesta 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. 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 Village of
Tequesta 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.
Section 4.
Finance Director as Confidential Point
of Contact.
The Village of Tequesta Finance Director is designated
as the individual to receive checks and as the
confidential point. of contact for all future
transactions relating to the Communications Services
Tax Simplification Law.
Section 5.
Notice to the Department of Revenue.
The Village of Tequesta 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.
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Section 6. 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 7. Effective Date.
The effective date of this Resolution shall be
immediately upon its passage by the Village of
Tequesta.
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
Russell J. von Frank, who moved its adoption. The
motion was seconded by Councilmember
Joseph N. Capretta, and upon being put to a vote, the
vote was as follows:
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FOR ADOPTION AGAINST ADOPTION
Joseph N. Capretta
Basil E. Dalack
Sharon D. LValker
Russell J. von Frank
The Mayor thereupon declared the Resolution duly passed
and adopted this ~_ day of Tay A.D, 2001.
MAYOR OF TEQUES~TA
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Maly Wolc tt
Village C erk
Word/Resolutions/permit fees collection