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R01-2061 2 3 4 5 6 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 r~ 44 45 46 47 48 RESOLUTION NO. ~O I -- oqO(~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, I~LORIDA RELATING TO INCREASING TIlE LOCAL COMMUNICATIONS SERVICES TAX RATE; WAIVING THE PERMIT FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHTS-OF-WAY; PROVIDING FOR INTENT; FOR NOTICE TO THE PROVIDNG FOR CONFLICTS; SEVERABILITY; PROVIDING AN DATE. WHEREAS, during the 2000 Regular Session. the Florida gegislature passed the "Communications Services Tax Simplification Law", creating Chapter 202, Florida Statutes (2000); and WHEREAS. section 9, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends section 202.19(2), Florida Statutes (2000), to state municipalities may impose a local communications services tax at a rate of up to 5.1% for municipalities that have not chosen to levy permit fees, and at a rate of up to 4.98% for municipalities that have chosen to levy permit fees. These maximum rates do not include the add-o~t, s of up to 0.12% for municipalities authorized pursuant to section 337.401, Florida StatUtes, for municipalities that choose not to: levy permit fees, nor do the rates supersede cor~ersion or emergency rates authorized by section 202.20, Florida Statutes, which mayve in excess of these maximum rates: and WHEREAS. section 12. Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature amends section 202 20(1)(a). Florida Statutes (2000), to set the local communications services tax conversion rates for the period of October 1, 2001, through September 30, 2002. The conversion rares take effect without any action required by the local government; and WHEREAS, section 12, Enrolled CS/CS/SB 1878 by the 2091 Florida Legislature further amends section 202.20(1)(b), Florida Statutes (2000), to set the local communications services tax conversion rates beginning October 1, 2002. The conversion rates take effect without any action required by the local govemmcml and WHEREAS, section 13, Enrolled CS/CS/SB 1878 by the 2( )1 Florida Legislature provides that notwithstanding any provision of chapter 202, FI ~rida Statutes, To the contrary, any mumczpality that has a local communications servic ss tax conversion rate established under section 202.20. Florida Statutes, which is less tan the maximum rare established under section 202.19, Florida Statutes, may by resolutio~ or ordinance increase [ts rate up to the maximum rate, with such increased rate to be effecSve October 1, 2001 if S :\CAkR_ES OXAgree~nenrs xcsn' reso I.doc 1 1 2 3 4 5 6 7 8 9 t0 11 12 13 14 15 16 17 18 19 20 21 22 -~ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 notification of the increased rare is provided to the Deparunent of Revenue by certified mail postmarked on or before July 16, 2001. During the period beginning on October 1, 2001. and ending September 30, 2002, the maximum rare established under section 202.19, Florida Statutes, shall be deemed to be the sum of such maximum r~e plus the difference between the conversion rates set forth in paragraphs (a) and (b) of section 202.20(1), Florida Stmutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: SECTION 1. The foregoing "Whereas" Clauses are hereby rFtiffed, and confirmed. as beirrg true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2. Intent. It is the intent of the City of Boyntun Beach to increase its local commardcatiuns services tax rate as provided in section 13, Enrolled CS/CS/SB 187~ by the 2001 Florida Legislature. Section 13, Enrolled CS/CS/SB 1878 provides th.a~.notwithstanding any provision of chapter 202, Florida Statutes, to the contrary, any muni~ip, ality that has a local communications services tax conversion rate established under section 202.20, Florida · 1 Statutes, which is less than the maximum rate established under section 202. 9, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate established under sectior~ 202.19, Florida Statutes, with such increa~ ed rate to be effective October 1, 2001. For the period beginning on October 1, 2001, and 2002, the maximum rate established under section 202.19, Florida be the sum of such maximum rate plus the difference between forth in paragraphs (a) and (b) of section 202.20(1), Florida Statu must notify the Department of Revenue of such increased rate by on or before July 16, 2001. ending September 30, Statutes, is deemed to e conversion rates set ces. The municipality tiffed mail posunarked It is the further intent of the City of Boynton Beach to increase its local communications services tax rate effective October 1, 2002 is provided in section 202.19(2)(a)~ Florida Statutes, to the maximum tax rate for municipalities tlml choose not to levy permit fees. It is further the intent of the City of Bo/mton Beach to waive permit fees authorized pursuant to Section 337.01. Fla. Stat. and thereby increase the maxLrhum rate by .12%. SECTION 3. Increased Local Communications Services Tax Rate. The local communications services tax conversion rate est~bhshed under section 202.20(1)(a), Florida Statutes, for the City of Boynton Beach is 5.2%, which is less than the maximum rate of 5.5%, as determined under the provisions of section 13, Enrolled CS/CS/SB 1878. The local communications services tax rate for the City of Boynton Beach is increased to 5.62% which includes the add on of 12%, during the period beginning on October 1, 2001, and ending September 30, 2002. As provided in section 13, Enrolled CS/CS/SB 1878, this increased rate is to be effective October I, 2001. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .... 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 The local communications services tax conversion rate established under section 202.20(1)(b), Florida Statutes, for the City of Boymon Beach is 4.8%~ which is less than maximum rote of 5.1% as established in section 202.19(2)(a), Florida Statures. The local communications services tax rate for the City of Boynton Beach ~s. increased to 5,22% which includes the add on of.12%. This increased rate is to be effective October 1, 2002. SECTION 4. Notice to the Depanmem of Revenue. The City Clerk shall provide notice of the increased local communications services tax mteto the Departmem of Revenue by certified mail postmarked on or before July 16, 2001, as provided in section 13, Enrolled CS/CS/SB 1878. SECTION $. All resolutions or parts of resolutions in conflict herewith are h~reby repealed to-the extent of such conflict. SECTION 6. If any clause, section, other part or applicatiolx of this Resolution is held, by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this SECTION 7. This Resolution shall become effectiv~e with respect to communications services reflected on bills dated on or after October 1, 2001 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY FLORIDA, TInS Iq DAY OF ,Jctr~ ,2001. qo v s.s ON R KLE/djdS:\CAkRESOL4.greernenlsxcsrr reso 1 .doc 3 1 2 3 4 5 6 7 8 9 10 11 12 tCLE/djdS:\CAkRESOkAgremaaents\cstr reso 1.doc 4