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HomeMy WebLinkAboutOrdinance 2001-130 ORDINANCE NO. 2001-1.3.0 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES 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 A REPEALER; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 ofthe election by certified mail by July 16, 2001; and WHEREAS, a municipality may require and collect permit fees from any providers of communications services that use or occupy municipal roads or right-of-ways for the provision of communications services. However, to ensure competitive neutrality among providers of communication 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 right-of- ways 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, it is the intent of the City to exercise its authority to adjust its new Local Communications Services Tax upward by 0.12% in lieu ofrequiring and collecting permit fees from any provider of communications services. 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 right-of-ways 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 Communications Services No Permit Fees Ordinance.Doc WHEREAS, whatever election the municipality makes, such election shall take effect on October 1, 2001. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Intent. It is the intent of the City of Sunny Isles Beach to make an election under section 337.401(3)(c)1., Florida Statutes (2000), as amended, regarding the City of Sunny Isles Beach's decision on whether to require and collect permit fees from any providers of communications services that use or occupy municipal roads or right-of-ways for the provision of communications services. Section 2. Election Not to ReQuire and Collect Permit Fees. The City of Sunny Isles Beach elects not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or right-of-ways 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)1.b., Florida Statutes (2000), as amended, the City of Sunny Isles Beach 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. Notice to the Department of Revenue. The City of Sunny Isles Beach direct that notice ofthe above elections be provided to the Department of Revenue by certified mail by July 16, 2001. By virtue of the enactment of this ordinance, the City hereby notifies the Department of Revenue of its election to require an adjustment of the Local Communications Services Tax in lieu of collecting fees. Section 5. Declaration. The City hereby declares that this adjustment shall remain in effect until and unless otherwise expressly repealed by the City, irrespective of whether the City, in its discretion, maintains a Local Communications Services Tax rate under section 202.20(l)(a) and (l)(b) or section 202. 19(2)(a), Florida Statutes (2001). Section 6. Repeal Clause. That all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict or inconsistent herewith are hereby repealed insofar as there is conflict or inconsistency. Section 7. Savings Clause. That all fees, charges and financial obligations previously accrued pursuant to any ordinance and resolutions repealed pursuant to Section 6 above shall continue to be due and owing until paid. Communications Services No Permit Fees Ordinance. Doc 2 Section 8. Severability. The provisions ofthis 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 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Effective Date. This Ordinance shall become effective ten days after adoption on second reading. PASSED AND ADOPTED on first reading the 21 st day of June, 2001. PASSED AND ADOPTED on second reading this ~ ,2001. ATTEST: ~~~Lt'^ Richard Brown-Morilla, City Clerk APPROVED AS TO FORM G SUFFICIENCY: VOTE: 5-0 Moved by: C:Ol'\'\m\~I()AJ~'1URfrr'<1' Second by: C-^f\'\~\<':~ IOfO~ :r<o~s:,1t~ Mayor David Samson Vice Mayor Kauffman Commissioner Iglesias Commissioner Morrow Commissioner Turetsky yes v no_ yes Vno_ yes Vno_ yes l/' no_ yes~no_ Communications Services No Permit Fees Ordinance.Doc 3