Resolution 2001-243
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RESOLUTION NO. 2001- 243
A RESOLUTION OF COLLIER COUNTY, FLORIDA
ACKNOWLEDGING THAT COLLIER COUNTY'S LOCAL
COMMUNICATIONS SERVICES TAX RATE OF 2.30
PERCENT WILL BECOME EFFECTIVE ON OCTOBER
1, 2001 BY OPERATION OF FLORIDA'S
COMMUNICATIONS SERVICES TAX SIMPLIFICATION
ACT; ALSO PROVIDING NOTICE TO THE FLORIDA
DEPARTMENT OF REVENUE OF THE ELECTION OF
COLLIER COUNTY TO CONTINUE TO COLLECT
ROAD AND RIGHT-OF-WAY PERMIT FEES
SUBSEQUENT TO OCTOBER 1, 2001
WHEREAS, on July 1,2000, Florida's Communications Services Tax
Simplification Act (Act) became law and established a new tax structure designed
to treat communications service providers in a nondiscriminatory manner with
respect to the compensation those providers have historically provided to the
respective local government; and
WHEREAS, the Act directed the Florida Legislature to set and adopt,
during the 2001 Legislative Session, locally applicable tax rates to be applied
under the new tax structure; and
WHEREAS, Florida's Legislative restructuring in the 2001 Legislative
Session resulted in a new, amended, Local Communications Services Tax, which
is designed to apply equally to telephone service, cable service and wireless
service providers; and the new tax rates established therein become effective on
October 1, 2001 without any action by Collier County; and
WHEREAS, the Act, as amended, created two (2) Local Communications
Services Tax rates, namely a "Conversion rate" and a "Maximum rate." The
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Conversion rate (or "initial" rate) has been established for each local jurisdiction,
including Collier County, which rate is based upon the size of the new
communications tax base in Collier County and is designed to generate revenues
equal to the revenues received by Collier County in fiscal year 1999. This
Conversion rate, called the "initial rate," takes effect automatically on October 1,
2001, without action by Collier County. The Law as amended also established a
"Maximum rate" for each local jurisdiction. The Maximum rate is a weighted
average. The Legislature assumed that each non-charter county, including Collier
County, in its self-interest, imposed upon (or negotiated with) all cable television
franchisees to collect permit fees, franchise fees and other fees at their highest
possible levels pursuant to previously existing, applicable laws. These potential
maximum revenues were totaled. The Legislature then divided the potential
(assumed) maximum sum of revenues for each respective non-chartered county
by the sum total of the new assumed taxable base for each respective non-
chartered county, including Collier County; and
WHEREAS, it is the intent of this Resolution to acknowledge that,
pursuant to the Act, Collier County's initial Local Communications Services
Conversion rate of 2.30 % will automatically take effect as of October 1, 200 1 ;
and
WHEREAS, applying the Act, Collier County is authorized to elect to
continue after October I, 200 I, to collect road and rights-of-way permit fees from
all providers of communications services that use or occupy County roads or rights-
of-way or, in the alternative, elect not to collect those permit fees as of October 1,
2001, and, in that event to submit to the Florida Department of Revenue a notice of
its election to increase the County's local communications services tax rate by an
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amount not to exceed 0.24 percent to replace the revenue Collier County would
otherwise receive from permit fees not collected from the providers of
communications services; and
WHEREAS, Collier County elects to notify the Florida Department of
Revenue that Collier County elects to continue to collect these permit fees
subsequent to October I, 200 I.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
t. Collier County hereby adopts or otherwise acknowledges by operation
of the Act, as amended, a new local communications services tax conversion rate
of 2.30% applicable to Collier County will automatically become effective as of
October 1, 200 1.
2. Subsection 202.20(2)(a) 4, Florida Statutes (2001), a part of the ACT,
authorizes Collier County, by Resolution or Ordinance, to acknowledge this local
communications services tax rate. The Board adopts this Resolution in accordance
with that authorization.
3. Collier County hereby gives NOTICE to the Florida Department of
Revenue that Collier County elects, subsequent to October t, 2001, to continue to
collect permit fees from providers of communications services for use or
occupancy of the County's roads and rights-of-way.
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4. This Resolution shall take effect immediately upon adoption.
ADOPTED thisJ'~ day of ~
second and majority vote in favor of adoption.
, 2001 after motion,
ATTEST:
BOARD OF COUNTY COMMISSIONERS,
.-DWIGHT E. BROCK, Clerk COLLIER COUNTY, F: A
. By: t;.t:L~J ~~.- ./ By:
{" . ,
. Deputy Clerk JAMES D
Attest &$ to .Chi1naan's
S1gnltureonlJ.
Approved as to form and
legal sufficiency.
~\"^ t>~
ThomasC.-p~~er
Assistant County Attorney