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RESOLUTION NO, Olw22
A RESOLUTION OF THE CITY OF CLEARWATER,
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 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 of the election by certified mail by July 1, 2001; and
WHEREAS, CS/CS/SB 1878, 9 34 (Fla. 2001), (became law on June 1, 2001)
(the"2001 Act") amends section 337.401 (3)(c)1., 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, the 2001 Act 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 resolution by an amount not to exceed a rate of 0.12%; and
WHEREAS, the 2001 Act provides such election shall take effect on October 1,
2001; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1, Intent.
It is the intent of the City of Clearwater to make an election under the 2001 Act,
regarding the City of Clearwater 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. The purpose of the election
is to even the playing field for the communications services that use or occupy
municipal roads or rights-of-way for the provision of communications services and to
assure that the City of Clearwater remains revenue neutral in its receipts from said
Resolution No. 01-22
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communications services.
Section 2. Election Not to Require and Collect Permit Fees.
The City of Clearwater 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. This election shall take effect
October 1, 2001.
Section 3. Election to Increase Local Communications Services Tax.
Pursuant to the 2001 Act, the City of Clearwater 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, The election not to require and collect permit fees, thereby
establishes a tax rate for the City of Clearwater at 5.52 (five point five two) percent for
the conversion year beginning October 1, 2001, and a tax rate of 5,12 (five point one
two) percent for the year beginning October 1, 2002, tax rates as provided in 912 of the
2001 Act.
Section 4. Notice to the Department of Revenue,
The City of Clearwater directs that notice of the above elections be provided to
the Department of Revenue by certified mail by July 16, 2001, as provided in the 2001
Act.
Section 5. Effective Date.
This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of June
,2001.
Approved as to form:
Attest:
~c:~
ne C. Hayman
Assistant City Attorney
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Resolution No. 01-22