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<br />ORDINANCE NO. 2001-1.3.0 <br /> <br />AN ORDINANCE OF THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, RELATING TO <br />REQUIRING AND COLLECTING PERMIT FEES FROM <br />PROVIDERS OF COMMUNICATIONS SERVICES AND <br />INCREASING THE LOCAL COMMUNICATIONS SERVICES <br />TAX; PROVIDING FOR INTENT; PROVIDING FOR <br />ELECTION NOT TO REQUIRE AND COLLECT PERMIT <br />FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL <br />COMMUNICATIONS SERVICES TAX; PROVIDING FOR <br />NOTICE TO THE DEPARTMENT OF REVENUE; <br />PROVIDING FOR A REPEALER; PROVIDING FOR A <br />SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; <br />PROVIDING FOR AN EFFECTIVE DATE. <br /> <br />WHEREAS, section 337.401 (3)( c) 1., Florida Statutes (2000), requires each municipality to <br />make an election regarding the payment of permit fees by providers of communications services and <br />further requires each municipality to inform the Department of Revenue ofthe election by certified <br />mail by July 16, 2001; and <br /> <br />WHEREAS, a municipality may require and collect permit fees from any providers of <br />communications services that use or occupy municipal roads or right-of-ways for the provision of <br />communications services. However, to ensure competitive neutrality among providers of <br />communication services, a municipality that elects to exercise its authority to require and collect <br />permit fees will have an automatic reduction in the rate of the local communications services tax for <br />the municipality, as computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, <br />by a rate of 0.12%; and <br /> <br />WHEREAS, alternatively a municipality may elect not to require and collect permit fees <br />from any provider of communications services that uses or occupies municipal roads or right-of- <br />ways for the provision of communications services. If the municipality elects not to require and <br />collect permit fees, the total rate for the local communications services tax as computed under <br />section 202.20(1) and (2), Florida Statutes (2000), as amended, for that municipality may be <br />increased by ordinance by an amount not to exceed a rate of 0.12%; and <br /> <br />WHEREAS, it is the intent of the City to exercise its authority to adjust its new Local <br />Communications Services Tax upward by 0.12% in lieu ofrequiring and collecting permit fees from <br />any provider of communications services. <br /> <br />WHEREAS, section 337.401(3)(c)1., Florida Statutes (2000), further provides that if a <br />municipality does not make an election and notify the Department of Revenue, it is presumed that <br />the municipality elects not to require and collect permit fees from any provider of communications <br />services that uses or occupies municipal roads or right-of-ways for the provision of communications <br />services, and such municipality will be authorized to increase its tax rate by an amount not to exceed <br />a rate of 0.12%; and <br /> <br />Communications Services No Permit Fees Ordinance.Doc <br />