R-1033-01 i;
Resolution No: j [)33 -01
A RESOLUTION OF MIAMI SHORES VILLAGE, 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 THE ELECTION NOT TO REQUIRE AND
COLLECT PERMIT FEES; PROVIDING FOR THE ELECTION TO
INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING
FOR THE NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING
FOR SEVERABILITY; AND, 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 providing of communications
services and further requires each municipality to inform the Florida Department of Revenue of
the election by certified mail by July 1, 2001; and,
WHEREAS, a municipality may require and collect permit fees from any provider of
communication services that use or occupy municipal roads or rights-of-way for the provision of
communication 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 communication 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 provisions 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 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 Statutes (2000), to state that the Florida Department of
Revenue must be informed of the 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, 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 by an amount not to exceed a rate of 0.12%. The bill further
provides that if a municipality elects to increase its rate effective October 1, 2001, the
municipality shall inform the Florida 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 Florida 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 DULY RESOLVED BY THE MIAMI SHORES VILLAGE
COUNCIL, that:
Section 1. Intent
It is the intent of the Miami Shores Village Council 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, 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.
Miami Shores Village 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 communication services. As provided in 337.401(3)(c)1, Florida Statutes (2000),
this election shall take effect on October 1, 2001.
Section 3. Election to Increase Local Communications Services Tax.
Pursuant to 337.401(3)(c)1, Florida Statutes (2000) as amended by Section 34, Enrolled
CS/CS/SB 1878 by the 2001 Florida Legislature, Miami Shores Village elects to increase its
total rate for the local communication 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 on October 1, 2001.
Section 4. Notice to the Florida Department of Revenue.
Miami Shores Village directs that notice of the above elections be provided to the Florida
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 5. Severability.
The provisions of this resolution are declared to be severable and if any section,
sentence, clause of 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.
The effective date of this resolution shall be immediately upon its passage.
PASSED and ADOPTED this 19th day of June 2001.
AL DAVIS, Mayor
Attest by: Approved as to Form:
Barbara A. Fugaizi Richard Sarafan, Esq.
Village Clerk Village Attorney