Loading...
O88-40ORDINANCE NO. 88- ~d AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTIONS 23-14, 23-18, 23-19, 23-20 AND SECTION 23-21 OF ARTICLE II. PUBLIC SERVICE TAX, CHAPTER 23. TAXATION TO DELETE THE APPLICATION OF THIS ARTICLE TO LOCAL TELEPHONE SERVICE; CREATING A NEW ARTICLE III IN CHAPTER 23 ENTITLED TELECOMMUNICATIONS SERVICE PUBLIC SERVICE TAX SPECIFICALLY LEVYING A SEVEN (7%) PERCENT PUBLIC SERVICE TAX ON THE PURCHASE OF TELECOMMUNICATIONS SERVICE; PROVIDING FOR IMPLEMENTING SECTION 166.231, FLORIDA STATUTES (1987) AND EXEMPTIONS; PROVIDING FOR REMITTANCE OF TAX TO CITY; PROVIDING FOR MAINTENANCE OF RECORDS AND REPORTS; PROVIDING FOR RECOGNITION OF EXPENSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~MI$SION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That Section 23-14, Chapter 23 Taxation. Article II. Public Service Tax. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 23-14. Levied. (a) Except as otherwise provided herein, there is hereby levied by the city on each and every purchase in the city of electricity, and metered or bottled gas (natural, liquefied petroleum gas, or manufactured), a~-~e~-~e~e~h~ne-se~v~ee? a tax based upon the charge mad~ii~'~'h~-~.s~ter thereof, said tax to be at the rate of ten (10) per cent upon said charges, which tax, shall in every case, be paid by the purchaser, for the use of the city, to the seller of such electricity? or gas e~-~e~ephene-se~v~ee at the time of paying the charge therefor, to the seller thereof, but not less often than monthly. (b) E~cept as otherwise provided herein, there is hereby levied in the city on every sale in the city o~ fuel oil (fuel oil being defined as any bunker C oil, number one (1) and number two (2) fuel oil, and kerosene or any combination thereof for lighting, heating, cooking, power or any other purpos9 delivered to any purchaser thereof within the corporate limits of the City) a tax of four (4) cents per gallon of fuel oil purchased, which tax shall in every case by paid by the purchaser, for th~ use of the city, to the seller of such fueloilat the time of paying the charge therefor, to the seller thereof, but not less often than monthly. Section 2. That Section 23-18, Chapter 23 Taxation. Article II. Public Service Tax. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 23-18. Exemptions for governmental agencies, ee~a~n-~e~eph~me-ea~s. The United States of America, State of Florida, and political subdivisions and agencies thereof are hereby exempted frOm payment of the taxes provided by this article. The-~aK-sha~-~ e~m-B~K-~e~eph~mesv Section 3. That Section 23-19, Chapter 23 Taxation. Article II. Public Service Tax. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 23-19. Computation of tax. In all cases where the seller of electricity, metered or bottled gas (natural, liquefied petroleum gas, or manufactured), ~ --~ea~ ~e~ephene -se~v~ee collects the price thereof at monthly periods, the tax levied by this article may be computed on the aggregate amount of purchases during such period, provided that the amount of tax to be collected shall be the nearest whole cent to the amount computed. Section 4. That Section 23-20, Chapter 23 Taxation. Article II. Public Service Tax. is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 23-20. Collection. It shall be the duty of every seller of electricity, metered and bottled gas (natural, liquefied petroleum gas or manufactured) ? -~ ~eml--~e~eph~me--se~v~ee7 to collect from the purchaser, for the use of the city, the tax hereby levied, at the time of collecting the selling price charged for each transaction, and to report and pay over, on or before the fifteenth day of each calendar month, the city clerk all such taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any purchase of electricity? or metered or bottled gas (natural, liquefied petroleum gas, or manufactured) ~--~e~eph~me se~v~ee7 without at the same time collecting the tax hereby levied in respect to such purchase or purchases. Any seller failing to collect such tax at the time of collecting the price of any sale shall be liable to the city for the amount of such tax in like manner as if the same had been actually paid to the seller, and the mayor of the city shall cause to be brought all suits and actions and take all proceedings in the name of the city as may be necessary for the recovery of such tax; provided, 2 however, that the sellers shall not be liable for the payment of such tax upon uncollected bills. If any purchaser shall fail, neglect or refuse to pay to the seller, the seller's charge, and the tax hereby imposed and as hereby required, on account of the purchase for which such charge is made, or either, the seller shall have and is hereby vested with the right, power and authority to immediately discontinue further service to such purchaser until the tax and the seller's bill have been paid in full. Section 5. That Section 23-21, Chapter 23 Taxation. Article II. Public Service Tax. Records required; inspection, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Each and every seller of electricity7 and metered or bottled gas (natural, liquefied petroleum gas, or manufactured), a~--~e~--~e~e~hene--se~v~ee shall keep complete records showing all sales the city of such commodities or service, which records shall show the price charged upon each sale, the date thereof, and the date of payment therefor, and the records shall be kept open for inspection by the duly authorized agents of the city during business hours on all business days, and the duly authorized agents of the city shall have the right, power and authority to make such transcripts thereof during such times as they may desire. Section 6. That Chapter 23 Taxation. Article III. Telecommunications Service Public Service Tax. is hereby created as follows: ARTICLE III. SERVICE TAX. TELECOMMUNICATIONS SERVICE PUBLIC Sec. 23-22. Short title. This Ordinance shall be known and cited Telecommunications Service hereinafter as the " ' Public Service Tax Ordinance". Section 7. That Chapter 23 Taxation. Article III. Telecommunications Service Public Service Tax. Sec. 23.23. Definitions. is hereby created as follows: Sec. 23-23. Definitions. (1) Purchaser. Every person legally liable for the payment of taxable telecommunications service rendered to him by a seller, unless such person is exempt under section 23-25 hereunder. (2) Seller. local telephone thereof. Every person rendering taxable services to any purchasers Section 8. That Chapter 23 Taxation. Article III. Telecommunications Service Public Service Tax. Sec. 23.24. Amount of Tax. is hereby created as follows: Sec. 23.24. Amount of tax. (a) There is hereby levied and imposed by the city a public service tax upon purchases within the municipality of telecommunications service which originates and terminates in this state at a rate not to exceed 7 percent of the total amount charged for any telecommunications service provided within the municipality or, if the location of the telecommunications service provided cannot be determined, the total amount billed for such telecommunications service to a telephone or telephone number, a telecommunications number or device, or a customers' billing address located within the municipality, excluding public telephone charges collected on site, charges for any foreign exchange service or any private line service except when such services are used or sold as a substitute for any telephone company switched service or dedicated facility by which a telephone company provides a communication path, access charges, and any customer access line charges paid to a local telephone company. However, telecommunications service as defined in Section 203.012(5)(b), Florida Statutes (1987) shall be taxed only on the monthly recurring customer service charges excluding variable usage charges. (b) When the seller renders a bill to the purchaser to cover purchases made during the period of time to which the bill is applicable, the amount of public service tax shall be stated separately from governmental charges and taxes, and shall not be levied thereon. (c) The purchaser shall pay such public service tax to the seller at the time of payment of each such bill.. The seller, as collection agent for the City, shall collect such public service tax from the purchaser at the time of payment of each such bill. Provided and to the extent that such bills are subsequently paid, the seller shall remit the public service tax to the finance department in accordance with the provisions hereinafter stated. (d) The tax authorized by this Ordinance shall apply to services rendered and billed on or after the effective date of this Ordinance. (e) Services competitive with telecommunication services as defined in Section 203.012, Florida Statutes (1987) shall be taxed on comparable terms and on a comparable base at the same rate. Section 9. That Chapter 23 Taxation. Article III. Telecommunications Service Public Service Tax. Sec. 23.25. Exemptions. is hereby created as follows: Sec. 23-25. Exemptions. (a) Purchases of telecommunication services by the United States government, the State of Florida, any other public body as defined in Section 1.01, Florida Statutes and any recognized church in this state if used exclusively for church purposes, and (b) Purchases of local telephone service or other telecommunication service for use in the conduct of telecommunication service for hire or otherwise for resale, are exempt from taxation under this Ordinance. Section 10. That Chapter 23 Taxation. Article III. Telecommunications Service Public Service Tax. Sec. 23-26. Seller Compensation. is hereby created as follows: Sec. 23-26. Seller Compensation. For the purpose of compensating the seller, the seller shall be allowed one (1%) percent of the amount of the tax collected and due to the city in the form of a deduction from the amount collected for remittance. The deduction is allowed as compensation for keeping of records and collection of tax and remitting the same. Section 11. That Chapter 23 Taxation. Article III. Telecommunications Service Public Service Tax. Sec. 23~27. Remittance of Tax to the City by Seller. is hereby created as follows: Sec. 23-27. Remittance of Tax to the City by Seller. Every seller is hereby required to execute and file no later than the twentieth (20th) day of each month at the.o~ffice of the finance department a statement setting forth the amount of such public service tax to which the City became entitled under the provisions hereof on account of bills paid by purchasers during the preceding fiscal month, and contemporaneously with the filing of such statements, shall pay the amount of such public service tax to the finance department. In the event that any purchaser refuses to pay such tax specifically, then seller shall promptly inform the City of the name and address of such purchaser, and the amount of tax withheld by said purchaser. Section 12. That Chapter 23 Taxation. Article III. Telecommunications Service Public Service Tax. Sec. 23-28. Audit. is hereby created as follows: Sec. 23-28. Audit. City may audit the records of seller, and seller shall provide to the City, upon sixty (60) days notice, access to all applicable records for telecommunications service taxable by City. However, any information received by City in connection with such audit is confidential and is not subject to the provisions of Section 119.07(1), Florida Statutes. No Company records shall be duplicated or removed from the premises. Section 13: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 14: Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 15: Authority is hereby granted to codify said ordinance. Section 16- This ordinance shall become effective 120 days from the date of its passage and adoption. FIRST READING this ./~ ~ day of ~~~ , / 1988. SECOND, FINAL READING and PASSAGE this ~ day ATTEST: Cit~ (Corporate Seal) CITY OF BOYNTO~ BEACH, FLORIDA %;i~ Mayor Commissioner Commissioner \ commissioner 6