HomeMy Public PortalAboutRES 01/06RESOLUTION NO. 001-6
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, 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.
WHEREAS, section 337.401(3)(c)l., 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 providers 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 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)l., Florida Statutes (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 TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. Intent.
It is the intent of the Town of Gulf Stream to make an election under section
337.401(3)(c)l., Florida Statutes (2000), as amended by section 34, Enrolled CS /CS /SB 1878 by
the 2001 Florida Legislature, regarding the Town'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 Town of Gulf Stream elects not to require and collect permits 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)l., 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 Town of Gulf Stream 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.
SETION 4. Town Manager as Confidential Point of Contact.
The Town of Gulf Town Manager 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 Town of Gulf Stream 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.
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 Town
of Gulf Stream.
PASSED AND ADOPTED in a regular session assembled this ;2 day of
V- , 2001.
ATTEST:
a, /�,
TOWN CLERK
COMMISSIONER
COMMISSIONER