HomeMy WebLinkAboutResolution 2001-16 a
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RESOLUTION NO. 2001 -16
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, 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 337.40 1(3)(c)I., Florida Statutes (2000), requires each municipality to make an
1 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 providers of communications
services that use or occupy municipal roads or rights -of -way for the provision of communications services.
1 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),
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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)I., Florida Statutes (2000), to state that the Department of Revenue must be informed of a
1 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 337.40 1(3)(c)I., 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.
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City of Cape Canaveral, Florida
Resolution No. 01 -16
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
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Florida, as follows:
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SECTION 1. Intent.
It is the intent of The City of Cape Canaveral 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,
1 regarding the City of Cape Canaveral'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
1 of communications services. j
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( SECTION 2. Election Not to Require and Collect Permit Fees.
} The City of Cape Canaveral elects not to require and collect permits fees from any provider of
1 communications services that uses or occupies municipal roads or rights -of -way for the provision of
communications services. As provided in section 337.40 1(3)(c)1., Florida Statutes (2000), this election
shall take effect October 1, 2001.
I Pursuant to section 337.401 (3)(c) 1 .b., Florida Statutes (2000), as amended by section 34, Enrolled
CS /CS /SB 1878 by the 2001 Florida Legislature, The City of Cape Canaveral 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 Cape Canaveral 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
4 2001 Florida Legislature.
SECTION 5. Severability.
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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.
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The effective date of this Resolution shall be immediately upon its adoption.
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City of Cape Canaveral, Florida
\ 1 j Resolution No. 01-16
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\ ADOPTED BY the City Council o the City of Cape Canaveral, mo,rd,$%1g day of Jun,2 0t
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Rocky Randm$ AYOR
1 ATTEST / FOR AGAINST
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Susan Bud Bruns
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) Rocky Rands X
7camTeertn Second
APPROVED AS TO FORM:
] Larry Weber Absent
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} K hn Ben nett, ATTORNEY
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