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.
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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_
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