Senate Bill sb1878c1

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    Florida Senate - 2001                           CS for SB 1878

    By the Committee on Finance and Taxation; and Senators Horne,
    Carlton, Sanderson, Peaden, Pruitt, Geller, Latvala and
    Campbell



    314-1762A-01

  1                      A bill to be entitled

  2         An act relating to tax on communications

  3         services; creating s. 202.105, F.S.; providing

  4         legislative findings and intent with respect to

  5         the Communications Services Tax Simplification

  6         Law; amending s. 202.11, F.S.; revising and

  7         providing definitions; amending s. 202.12,

  8         F.S.; specifying the rates for the state tax;

  9         revising provisions relating to application of

10         said tax; providing for application of the tax

11         rate to private communications services and

12         mobile communications services; providing the

13         initial method for determining the sales price

14         of private communications services and a

15         revised method effective January 1, 2004;

16         relieving service providers of certain

17         liability; revising provisions relating to

18         direct-pay permits; creating s. 202.155, F.S.;

19         providing special rules for mobile

20         communications services; providing duties of

21         home service providers and the Department of

22         Revenue in determining a customer's place of

23         primary use and determining the correct taxing

24         jurisdiction; relieving service providers of

25         certain liability; providing requirements with

26         respect to identifying and separately stating

27         the sales price of mobile communications

28         services not subject to the taxes administered

29         under ch. 202, F.S.; amending s. 202.16, F.S.;

30         revising provisions relating to responsibility

31         for payment of taxes and tax amounts and

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  1         brackets; amending s. 202.17, F.S.; specifying

  2         that registration as a dealer of communications

  3         services does not constitute registration for

  4         purposes of placing and maintaining

  5         communications facilities in municipal or

  6         county rights-of-way; removing the registration

  7         fee for such dealers; revising provisions

  8         relating to resale certificates; amending s.

  9         202.18, F.S.; revising provisions relating to

10         distribution of a portion of the proceeds of

11         the tax on direct-to-home satellite service and

12         to distribution of local communications

13         services taxes and adjustment of such

14         distribution; amending s. 202.19, F.S.;

15         revising provisions which authorize imposition

16         of local communications services taxes and

17         provide for use of revenues and certain

18         credits; specifying the maximum rates of such

19         taxes; providing the initial method for

20         determining the sales price of private

21         communications services for local

22         communications services taxes and for the

23         discretionary sales surtax under s. 212.055,

24         F.S., that is imposed as a local communications

25         services tax, and providing a revised method

26         effective January 1, 2004; relieving service

27         providers of certain liabilities; revising

28         requirements relating to the direct-pay permit

29         required to qualify for the limitation on local

30         communications services taxes on interstate

31         communications services; providing for

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  1         application of local communications services

  2         taxes to mobile communications services;

  3         amending s. 202.20, F.S.; specifying the local

  4         communications services tax conversion rates;

  5         revising requirements with respect to

  6         adjustment by a local government of its tax

  7         rate when tax revenues are less than received

  8         from replaced revenue sources; authorizing

  9         local governments to increase the tax rate

10         established by the Revenue Estimating

11         Conference and approved by the Legislature to

12         the maximum tax rate so established and

13         approved; amending s. 202.21, F.S.; conforming

14         language; amending s. 202.22, F.S., relating to

15         determination of local tax situs for a local

16         communications services tax; revising

17         requirements relating to use of enhanced zip

18         codes; revising requirements relating to

19         certification or recertification of a database

20         by the department; specifying effect when

21         certain applications for certification are not

22         approved or denied within the required time

23         period; revising provisions relating to a

24         dealer's duty to update a database and to the

25         amount of dealer's credit allowed when an

26         alternative method of assigning service

27         addresses is used; amending s. 202.23, F.S.;

28         providing requirements for refunds when excess

29         communications services tax has been paid;

30         creating s. 202.231, F.S.; providing

31         requirements for provision of information by

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  1         the department to local taxing jurisdictions;

  2         amending s. 202.24, F.S., relating to

  3         limitations on local taxes and fees imposed on

  4         dealers of communications services; deleting

  5         language relating to legislative review;

  6         repealing s. 202.26(3)(i), F.S., which provides

  7         for adoption of rules by the department with

  8         respect to collection of information no longer

  9         required; amending s. 202.27, F.S.; deleting

10         provisions which allow certain dealers making

11         sales in more than one location to file a

12         single return; amending s. 202.28, F.S.;

13         including persons collecting the gross receipts

14         tax in provisions relating to the dealer's

15         credit; amending s. 202.37, F.S.; providing

16         requirements for audits conducted with respect

17         to local communications services taxes;

18         creating s. 202.38, F.S.; providing for credits

19         or refunds under ch. 202, F.S., for certain bad

20         debts or adjustments with respect to taxes

21         under ch. 212, F.S., or ch. 166, F.S., billed

22         prior to October 1, 2001, and no longer subject

23         to tax; creating s. 202.381, F.S.; providing

24         for a transition from previous taxes to tax

25         changes contained in this act and in ch.

26         2000-260, Laws of Florida; amending s. 203.01,

27         F.S.; specifying the rate of the gross receipts

28         tax on communications services; amending s.

29         212.031, F.S.; replacing the term "franchised

30         cable television company" with the term

31         "provider of communications services, as

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  1         defined in s. 202.11"; amending s. 337.401,

  2         F.S.; revising dates for notice of election by

  3         municipalities and counties regarding

  4         imposition of permit fees to the department;

  5         providing that a municipality or county that

  6         elects not to impose permit fees on

  7         communications services providers may increase

  8         its local tax rate by resolution; specifying

  9         that registrtion does not establish certain

10         rights for placement or maintenance of a

11         communications facility; requiring notice to

12         the department; repealing s. 337.401(3)(f) and

13         (g), F.S., relating to the authority of

14         municipalities and counties to request in-kind

15         requirements from cable service providers and

16         to negotiate cable service franchises, and

17         revising and relocating such provisions under

18         that section; authorizing municipalities and

19         counties to change their election regarding

20         imposition of permit fees and providing for

21         adjustment of tax rates; providing notice

22         requirements; revising definitions; specifying

23         continued application of s. 166.234, F.S.,

24         relating to administration and rights and

25         remedies, to municipal public service taxes on

26         telecommunications services imposed prior to

27         October 1, 2001; providing for payment of

28         franchise fees by cable or telecommunications

29         service providers with respect to services

30         provided prior to October 1, 2001; repealing s.

31         52 of ch. 2000-260, Laws of Florida, which

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  1         provides for a legislative study during the

  2         2001 session; repealing s. 58(1) of ch.

  3         2000-260, Laws of Florida, which provides for

  4         the June 30, 2001, repeal of those

  5         administrative sections of ch. 202, F.S., which

  6         have taken effect; repealing s. 58(2) of ch.

  7         2000-260, Laws of Florida, which provides for

  8         the June 30, 2001, repeal of the following

  9         provisions prior to their October 1, 2001,

10         effective date: the remainder of ch. 202, F.S.,

11         which provides for the taxation of the sale of

12         communications services; other statutory

13         amendments which provide related administrative

14         provisions; provisions which remove levy of the

15         municipal public service tax on

16         telecommunication services; provisions which

17         provide for a gross receipts tax on

18         communications services to be applied pursuant

19         to ch. 202, F.S.; provisions which remove the

20         imposition of tax under ch. 212, F.S., on

21         telecommunication service; provisions relating

22         to the authority of counties and municipalities

23         to regulate the placement of telecommunications

24         facilities in roads and rights-of-way and to

25         impose permit fees and franchise fees; and

26         provisions relating to the application of

27         amendments made by ch. 2000-260, Laws of

28         Florida; repealing s. 59 of ch. 2000-260, Laws

29         of Florida, which, effective June 30, 2001,

30         amends s. 337.401, F.S., relating to the

31         authority of counties and municipalities to

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    Florida Senate - 2001                           CS for SB 1878
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  1         regulate the placement of telecommunications

  2         facilities in roads and rights-of-way and to

  3         impose permit fees and franchise fees, to

  4         remove amendments made by ch. 2000-260, Laws of

  5         Florida, which took effect January 1, 2001;

  6         amending s. 212.20, F.S.; deleting a reference

  7         to the Mail Order Sales Tax Clearing Trust

  8         Fund; amending s. 212.202, F.S.; renaming the

  9         Mail Order Sales Tax Clearing Trust Fund;

10         providing effective dates.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Section 202.105, Florida Statutes, is

15  created to read:

16         202.105  Declaration of legislative findings and

17  intent.--

18         (1)  It is declared to be a specific legislative

19  finding that the creation of this chapter fulfills important

20  state interests by reforming the tax laws to provide a fair,

21  efficient, and uniform method for taxing communications

22  services sold in this state.  This chapter is essential to the

23  continued economic vitality of this increasingly important

24  industry because it restructures state and local taxes and

25  fees to account for the impact of federal legislation,

26  industry deregulation, and the convergence of service

27  offerings that is now taking place among providers. This

28  chapter promotes the increased competition that accompanies

29  deregulation by embracing a competitively neutral tax policy

30  that will free consumers to choose a provider based on

31  tax-neutral considerations.  This chapter further spurs new

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  1  competition by simplifying an extremely complicated state and

  2  local tax and fee system.  Simplification will lower the cost

  3  of collecting taxes and fees, increase service availability,

  4  and place downward pressure on price.  Newfound administrative

  5  efficiency is demonstrated by a reduction in the number of

  6  returns that a provider must file each month.  By

  7  restructuring separate taxes and fees into a revenue-neutral

  8  communications services tax centrally administered by the

  9  department, this chapter will ensure that the growth of the

10  industry is unimpaired by excessive governmental regulation.

11  The tax imposed pursuant to this chapter is a replacement for

12  taxes and fees previously imposed and is not a new tax. The

13  taxes imposed and administered pursuant to this chapter are of

14  general application and are imposed in a uniform, consistent,

15  and nondiscriminatory manner.

16         (2)  It is declared to be a specific legislative

17  finding that this chapter will not reduce the authority that

18  municipalities or counties had to raise revenue in the

19  aggregate, as such authority existed on February 1, 1989.

20         Section 2.  Subsections (2), (14), and (16) of section

21  202.11, Florida Statutes, are amended, subsection (18) is

22  added to that section, and, effective August 1, 2002,

23  subsections (8) and (15) are amended and subsections (19),

24  (20), (21), (22), (23), (24), and (25) are added to that

25  section, to read:

26         202.11  Definitions.--As used in this chapter:

27         (2)  "Cable service" means the transmission of video,

28  audio, or other programming service to purchasers, and the

29  purchaser interaction, if any, required for the selection or

30  use of any such programming service, regardless of whether the

31  programming is transmitted over facilities owned or operated

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  1  by the cable service provider or over facilities owned or

  2  operated by one or more other dealers of communications

  3  services. The term includes point-to-point and

  4  point-to-multipoint distribution services by which programming

  5  is transmitted or broadcast by microwave or other equipment

  6  directly to the purchaser's premises, but does not include

  7  direct-to-home satellite service. The term includes basic,

  8  extended, premium, pay-per-view, digital, and music services.

  9         (8)  "Mobile communications service" means commercial

10  mobile radio service, as defined in 47 C.F.R. s. 20.3 as in

11  effect on June 1, 1999 any one-way or two-way radio

12  communications service, whether identified by the dealer as

13  local, toll, long distance, or otherwise, and which is carried

14  between mobile stations or receivers and land stations, or by

15  mobile stations communicating among themselves, and includes,

16  but is not limited to, cellular communications services,

17  personal communications services, paging services, specialized

18  mobile radio services, and any other form of mobile one-way or

19  two-way communications service. The term does not include

20  air-ground radiotelephone service as defined in 47 C.F.R. s.

21  22.99 as in effect on June 1, 1999.

22         (14)  "Sales price" means the total amount charged in

23  money or other consideration by a dealer for the sale of the

24  right or privilege of using communications services in this

25  state, including any property or other services that are part

26  of the sale. The sales price of communications services shall

27  not be reduced by any separately identified components of the

28  charge that constitute expenses of the dealer, including, but

29  not limited to, sales taxes on goods or services purchased by

30  the dealer, property taxes, taxes measured by net income, and

31  universal-service fund fees.

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  1         (a)  The sales price of communications services shall

  2  also include, whether or not separately stated, charges for

  3  any of the following:

  4         1.  Separately identified components of the charge or

  5  expenses of the dealer, including, but not limited to, sales

  6  taxes on goods or services purchased by the dealer, property

  7  taxes, taxes measured by net income, and federal

  8  universal-service fund fees.

  9         1.2.  The connection, movement, change, or termination

10  of communications services.

11         2.3.  The detailed billing of communications services.

12         3.4.  The sale of directory listings in connection with

13  a communications service.

14         4.5.  Central office and custom calling features.

15         5.6.  Voice mail and other messaging service.

16         6.7.  Directory assistance.

17         7.  The service of sending or receiving a document

18  commonly referred to as a facsimile or "fax," except when

19  performed during the course of providing professional or

20  advertising services.

21         (b)  The sales price of communications services does

22  not include charges for any of the following:

23         1.  Any excise tax, sales tax, or similar tax levied by

24  the United States or any state or local government on the

25  purchase, sale, use, or consumption of any communications

26  service, including, but not limited to, any tax imposed under

27  this chapter or chapter 203 which is permitted or required to

28  be added to the sales price of such service, if the tax is

29  stated separately.

30         2.  Any fee or assessment levied by the United States

31  or any state or local government, including, but not limited

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  1  to, regulatory fees and emergency telephone surcharges, which

  2  is required to be added to the price of such service if the

  3  fee or assessment is separately stated.

  4         3.  Communications services Local telephone service

  5  paid for by inserting coins into coin-operated communications

  6  devices available to the public.

  7         4.  The sale or recharge of a prepaid calling

  8  arrangement.

  9         5.  The provision of air-to-ground communications

10  services, defined as a radio service provided to purchasers

11  while on board an aircraft.

12         6.  A dealer's internal use of communications services

13  in connection with its business of providing communications

14  services.

15         7.  Charges for property or other services that are not

16  part of the sale of communications services, if such charges

17  are stated separately from the charges for communications

18  services.

19         (15)  "Service address" means:

20         (a)(b)  Except as otherwise provided in this section In

21  the case of all other communications services, the location of

22  the communications equipment from which communications

23  services originate or at which communications services are

24  received by the customer. If the location of such equipment

25  cannot be determined as part of the billing process, as in the

26  case of mobile communications services, paging systems,

27  maritime systems, third-number and calling-card calls, and

28  similar services, the term means the location determined by

29  the dealer based on the customer's telephone number, the

30  customer's mailing address to which bills are sent by the

31  dealer, or another street address provided by the customer.

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  1  However, such address must be within the licensed service area

  2  of the dealer. In the case of a communications service paid

  3  through a credit or payment mechanism that does not relate to

  4  a service address, such as a bank, travel, debit, or credit

  5  card, the service address is the address of the central

  6  office, as determined by the area code and the first three

  7  digits of the seven-digit originating telephone number.

  8         (b)(a)  In the case of cable services and

  9  direct-to-home satellite services, the location where the

10  customer receives the services in this state.

11         (c)  In the case of mobile communications services, the

12  customer's place of primary use.

13         (16)  "Substitute communications system" means any

14  telephone system, or other system capable of providing

15  communications services, which a person purchases, installs,

16  rents, or leases for his or her own use to provide himself or

17  herself with services used as a substitute for any switched

18  service or dedicated facility by which communications services

19  provided by a dealer of communications services provides a

20  communication path.

21         (18)  "Private communications service" means a

22  communications service that entitles the subscriber or user to

23  exclusive or priority use of a communications channel or group

24  of channels between or among channel termination points,

25  regardless of the manner in which such channel or channels are

26  connected, and includes switching capacity, extension lines,

27  stations, and any other associated services which are provided

28  in connection with the use of such channel or channels.

29         (19)(a)  "Customer" means:

30         1.  The person or entity that contracts with the home

31  service provider for mobile communications services; or

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  1         2.  If the end user of mobile communications services

  2  is not the contracting party, the end user of the mobile

  3  communications service. This subparagraph only applies for the

  4  purpose of determining the place of primary use.

  5         (b)  "Customer" does not include:

  6         1.  A reseller of mobile communications services; or

  7         2.  A serving carrier under an agreement to serve the

  8  customer outside the home service provider's licensed service

  9  area.

10         (20)  "Enhanced zip code" means a United States postal

11  zip code of 9 or more digits.

12         (21)  "Home service provider" means the

13  facilities-based carrier or reseller with which the customer

14  contracts for the provision of mobile communications services.

15         (22)  "Licensed service area" means the geographic area

16  in which the home service provider is authorized by law or

17  contract to provide mobile communications service to the

18  customer.

19         (23)  "Place of primary use" means the street address

20  representative of where the customer's use of the mobile

21  communications service primarily occurs, which must be:

22         (a)  The residential street address or the primary

23  business street address of the customer; and

24         (b)  Within the licensed service area of the home

25  service provider.

26         (24)(a)  "Reseller" means a provider who purchases

27  communications services from another communications service

28  provider and then resells, uses as a component part of, or

29  integrates the purchased services into a mobile communications

30  service.

31

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  1         (b)  "Reseller" does not include a serving carrier with

  2  which a home service provider arranges for the services to its

  3  customers outside the home service provider's licensed service

  4  area.

  5         (25)  "Serving carrier" means a facilities-based

  6  carrier providing mobile communications service to a customer

  7  outside a home service provider's or reseller's licensed

  8  service area.

  9         Section 3.  Effective with respect to bills issued by

10  communications services providers on or after October 1, 2001,

11  subsections (1) and (3) of section 202.12, Florida Statutes,

12  are amended and paragraph (d) is added to subsection (1) of

13  that section, and, effective with respect to bills issued by

14  communications services providers after August 1, 2002,

15  paragraph (e) is added to subsection (1) of that section, to

16  read:

17         202.12  Sales of communications services.--The

18  Legislature finds that every person who engages in the

19  business of selling communications services at retail in this

20  state is exercising a taxable privilege. It is the intent of

21  the Legislature that the tax imposed by chapter 203 be

22  administered as provided in this chapter.

23         (1)  For the exercise of such privilege, a tax is

24  levied on each taxable transaction, and the tax is due and

25  payable as follows:

26         (a)  Except as otherwise provided in this subsection,

27  at a the rate of 6.8 percent calculated pursuant to s. 30,

28  chapter 2000-260, Laws of Florida, applied to the sales price

29  of the communications service, except for direct-to-home

30  satellite service, which:

31         1.  Originates and terminates in this state, or

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  1         2.  Originates or terminates in this state and is

  2  charged to a service address in this state,

  3

  4  when sold at retail, computed on each taxable sale for the

  5  purpose of remitting the tax due. The gross receipts tax

  6  imposed by chapter 203 shall be collected on the same taxable

  7  transactions and remitted with the tax imposed by this

  8  paragraph. If no tax is imposed by this paragraph by reason of

  9  s. 202.125(1), the tax imposed by chapter 203 shall

10  nevertheless be collected and remitted in the manner and at

11  the time prescribed for tax collections and remittances under

12  this chapter.

13         (b)  At the rate set forth in paragraph (a) on the

14  actual cost of operating a substitute communications system,

15  to be paid in accordance with s. 202.15. This paragraph does

16  not apply to the use by any dealer of his or her own

17  communications system to conduct a business of providing

18  communications services or any communications system operated

19  by a county, a municipality, the state, or any political

20  subdivision of the state. The gross receipts tax imposed by

21  chapter 203 shall be applied to the same costs, and remitted

22  with the tax imposed by this paragraph.

23         (c)  At the a rate of 10.8 percent to be computed by

24  the Revenue Estimating Conference and approved by the

25  Legislature on the retail sales price of any direct-to-home

26  satellite service received in this state. The rate computed by

27  the Revenue Estimating Conference shall be the sum of:

28         1.  The rate set forth in paragraph (a); and

29         2.  The weighted average, based on the aggregate

30  population in the respective taxing jurisdictions, of the rate

31  computed under s. 202.20(2)(a)1. for municipalities and

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  1  charter counties and the rate computed under such subparagraph

  2  for all other counties.

  3

  4  The proceeds of the tax imposed under this paragraph shall be

  5  accounted for and distributed in accordance with s. 202.18(2).

  6  The gross receipts tax imposed by chapter 203 shall be

  7  collected on the same taxable transactions and remitted with

  8  the tax imposed by this paragraph.

  9         (d)  At the rate set forth in paragraph (a) on the

10  sales price of private communications services provided within

11  this state. In determining the sales price of private

12  communications services subject to tax, the communications

13  service provider shall be entitled to use any method that

14  reasonably allocates the total charges among the states in

15  which channel termination points are located. An allocation

16  method is deemed to be reasonable for purposes of this

17  paragraph if the communications service provider regularly

18  used such method for Florida tax purposes prior to December

19  31, 2000. If a communications service provider uses a

20  reasonable allocation method, such provider shall be held

21  harmless from any liability for additional tax, interest, or

22  penalty based on a different allocation method. The gross

23  receipts tax imposed by chapter 203 shall be collected on the

24  same taxable transactions and remitted with the tax imposed by

25  this paragraph.

26         (e)  At the rate set forth in paragraph (a) applied to

27  the sales price of all mobile communications services deemed

28  to be provided to a customer by a home service provider

29  pursuant to s. 117(a) of the Mobile Telecommunications

30  Sourcing Act, Pub. L. No. 106-252, if such customer's service

31  address is located within this state.

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  1         (3)  Notwithstanding any law to the contrary, the

  2  combined amount of taxes imposed under this section and s.

  3  203.01(1)(a)2. shall not exceed $100,000 per calendar year on

  4  charges to any person for interstate communications services

  5  that originate outside this state and terminate within this

  6  state.  This subsection applies only to holders of a

  7  direct-pay permit issued under this subsection.  A refund may

  8  not be given for taxes paid before receiving a direct-pay

  9  permit.  Upon application, the department may issue one a

10  direct-pay permit to the purchaser of communications services

11  authorizing such purchaser to pay the Florida communications

12  services tax on such services directly to the department if

13  the majority of such services used by such person are for

14  communications originating outside of this state and

15  terminating in this state. Only one direct-pay permit shall be

16  issued to a person. Such direct-pay permit shall identify the

17  taxes and service addresses to which it applies.  Any dealer

18  of communications services furnishing communications services

19  to the holder of a valid direct-pay permit is relieved of the

20  obligation to collect and remit the taxes imposed under this

21  section and s. 203.01(1)(a)2. on such services. Tax payments

22  and returns pursuant to a direct-pay permit shall be monthly.

23  As used in this subsection, "person" means a single legal

24  entity and does not mean a group or combination of affiliated

25  entities or entities controlled by one person or group of

26  persons.

27         Section 4.  Effective January 1, 2004, paragraph (d) of

28  subsection (1) of section 202.12, Florida Statutes, as created

29  by this act, is amended to read:

30         202.12  Sales of communications services.--The

31  Legislature finds that every person who engages in the

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  1  business of selling communications services at retail in this

  2  state is exercising a taxable privilege. It is the intent of

  3  the Legislature that the tax imposed by chapter 203 be

  4  administered as provided in this chapter.

  5         (1)  For the exercise of such privilege, a tax is

  6  levied on each taxable transaction, and the tax is due and

  7  payable as follows:

  8         (d)  At the rate set forth in paragraph (a) on the

  9  sales price of private communications services provided within

10  this state, which shall be determined in accordance with the

11  following provisions:.

12         1.  Any charge with respect to a channel termination

13  point located within this state;

14         2.  Any charge for the use of a channel between two

15  channel termination points located in this state; and

16         3.  Where channel termination points are located both

17  within and outside of this state:

18         a.  If any segment between two such channel termination

19  points is separately billed, 50 percent of such charge; and

20         b.  If any segment of the circuit is not separately

21  billed, an amount equal to the total charge for such circuit

22  multiplied by a fraction, the numerator of which is the number

23  of channel termination points within this state and the

24  denominator of which is the total number of channel

25  termination points of the circuit. In determining the sales

26  price of private communications services subject to tax, the

27  communications service provider shall be entitled to use any

28  method that reasonably allocates the total charges among the

29  states in which channel termination points are located. An

30  allocation method is deemed to be reasonable for purposes of

31  this paragraph if the communications service provider

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  1  regularly used such method for Florida tax purposes prior to

  2  December 31, 2000. If a communications service provider uses a

  3  reasonable allocation method, such provider shall be held

  4  harmless from any liability for additional tax, interest, or

  5  penalty based on a different allocation method.

  6

  7  The gross receipts tax imposed by chapter 203 shall be

  8  collected on the same taxable transactions and remitted with

  9  the tax imposed by this paragraph.

10         Section 5.  Effective with respect to bills issued by

11  communications services providers after August 1, 2002,

12  section 202.155, Florida Statutes, is created to read:

13         202.155  Special rules for mobile communications

14  services.--

15         (1)  A home service provider shall be responsible for

16  obtaining and maintaining the customer's place of primary use.

17  Subject to subsections (2) and (3), if the home service

18  provider's reliance on information provided by its customer is

19  in good faith:

20         (a)  The home service provider shall be entitled to

21  rely on the applicable residential or business street address

22  supplied by such customer.

23         (b)  The home service provider shall be held harmless

24  from liability for any additional taxes imposed by or pursuant

25  to this chapter or chapter 203 which are based on a different

26  determination of such customer's place of primary use.

27         (2)  Except as provided in subsection (3), a home

28  service provider shall be allowed to treat the address used

29  for tax purposes for any customer under a service contract in

30  effect on August 1, 2002, as that customer's place of primary

31  use for the remaining term of such service contract or

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  1  agreement, excluding any extension or renewal of such service

  2  contract or agreement.

  3         (3)(a)  The department shall provide notice to the

  4  customer of its intent to redetermine the customer's place of

  5  primary use. If a final order is entered ruling that the

  6  address used by a home service provider as a customer's place

  7  of primary use does not meet the definition of "place of

  8  primary use" provided by s. 202.11, the department shall

  9  notify the home service provider of the proper address to be

10  used as such customer's place of primary use. The home service

11  provider shall begin using the correct address within 120

12  days.

13         (b)  The department shall provide notice to the home

14  service provider of its intent to redetermine the assignment

15  of a taxing jurisdiction by a home service provider under s.

16  202.22. If a final order is entered ruling that the

17  jurisdiction assigned by the home service provider is

18  incorrect, the department shall notify the home service

19  provider of the proper jurisdictional assignment. The home

20  service provider shall begin using the correct jurisdictional

21  assignment within 120 days.

22         (4)(a)  If a mobile communications service is not

23  subject to the taxes administered pursuant to this chapter,

24  and if the sales price of such service is aggregated with and

25  not separately stated from the sales price of services subject

26  to tax, then the nontaxable mobile communications service

27  shall be treated as being subject to tax unless the home

28  service provider can reasonably identify the sales price of

29  the service not subject to tax from its books and records kept

30  in the regular course of business.

31

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  1         (b)  If a mobile communications service is not subject

  2  to the taxes administered pursuant to this chapter, a customer

  3  may not rely upon the nontaxability of such service unless the

  4  customer's home service provider separately states the sales

  5  price of such nontaxable services or the home service provider

  6  elects, after receiving a written request from the customer in

  7  the form required by the provider, to provide verifiable data

  8  based upon the home service provider's books and records that

  9  are kept in the regular course of business that reasonably

10  identifies the sales price of such nontaxable service.

11         Section 6.  Paragraph (a) of subsection (1) and

12  subsection (3) of section 202.16, Florida Statutes, are

13  amended to read:

14         202.16  Payment.--The taxes imposed or administered

15  under this chapter and chapter 203 shall be collected from all

16  dealers of taxable communications services on the sale at

17  retail in this state of communications services taxable under

18  this chapter and chapter 203. The full amount of the taxes on

19  a credit sale, installment sale, or sale made on any kind of

20  deferred payment plan is due at the moment of the transaction

21  in the same manner as a cash sale.

22         (1)(a)  Except as otherwise provided in ss.

23  202.12(1)(b) and 202.15, the taxes collected under this

24  chapter and chapter 203, including any penalties or interest

25  attributable to the nonpayment of such taxes or for

26  noncompliance with this chapter or chapter 203, shall be paid

27  by the purchaser of the communications service and shall be

28  collected from such person by the dealer of communications

29  services.

30         (3)  Notwithstanding the rate of tax on the sale of

31  communications services imposed pursuant to this chapter and

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  1  chapter 203, the department shall make available in an

  2  electronic format or otherwise prescribe by rule the tax

  3  amounts and brackets applicable to each taxable sale such that

  4  the tax collected results in a tax rate no less than the tax

  5  rate imposed pursuant to this chapter and chapter 203.

  6         Section 7.  Subsections (1), (2), (4), and (6) of

  7  section 202.17, Florida Statutes, are amended to read:

  8         202.17  Registration.--

  9         (1)  Each person seeking to engage in business as a

10  dealer of communications services must file with the

11  department an application for a certificate of registration.

12  Registration under this section does not constitute

13  registration with a municipality or county for the purpose of

14  placing and maintaining communications facilities in municipal

15  or county rights-of-way, as described in s. 337.401.

16         (2)  A person may not engage in the business of

17  providing communications services without first obtaining a

18  certificate of registration. The failure or refusal to submit

19  an application by any person required to register, as required

20  by this section, is a misdemeanor of the first degree,

21  punishable as provided in s. 775.082 or s. 775.083. Any person

22  who fails or refuses to register shall pay an initial

23  registration fee of $100 in lieu of the $5 registration fee

24  prescribed under subsection (4). However, this fee increase

25  may be waived by the department if the failure is due to

26  reasonable cause.

27         (4)  Each application required by paragraph (3)(a) must

28  be accompanied by a registration fee of $5, to be deposited in

29  the General Revenue Fund, and must set forth:

30         (a)  The name under which the person will transact

31  business within this state.

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  1         (b)  The street address of his or her principal office

  2  or place of business within this state and of the location

  3  where records are available for inspection.

  4         (c)  The name and complete residence address of the

  5  owner or the names and residence addresses of the partners, if

  6  the applicant is a partnership, or of the principal officers,

  7  if the applicant is a corporation or association. If the

  8  applicant is a corporation organized under the laws of another

  9  state, territory, or country, he or she must also file with

10  the application a certified copy of the certificate or license

11  issued by the Department of State showing that the corporation

12  is authorized to transact business in this state.

13         (d)  Any other data required by the department.

14         (6)  In addition to the certificate of registration,

15  the department shall provide to each newly registered dealer

16  an initial annual resale certificate that is valid for the

17  remainder of the period of issuance remaining portion of the

18  year. The department shall provide to each active dealer,

19  except persons registered pursuant to s. 202.15, an annual

20  resale certificate. As used in this section, "active dealer"

21  means a person who is registered with the department and who

22  is required to file a return at least once during each

23  applicable reporting period.

24         Section 8.  Subsection (2) and paragraphs (a) and (c)

25  of subsection (3) of section 202.18, Florida Statutes, are

26  amended to read:

27         202.18  Allocation and disposition of tax

28  proceeds.--The proceeds of the communications services taxes

29  remitted under this chapter shall be treated as follows:

30         (2)  The proceeds of the taxes remitted under s.

31  202.12(1)(c) shall be divided as follows:

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  1         (a)  The portion of such proceeds which constitutes

  2  gross receipts taxes, imposed at the rate prescribed in

  3  chapter 203, shall be deposited as provided by law and in

  4  accordance with s. 9, Art. XII of the State Constitution.

  5         (b)  Sixty-three percent The portion of the remainder

  6  such proceeds which is derived from the rate component

  7  specified in s. 202.12(1)(c)1. shall be allocated to the state

  8  and distributed pursuant to s. 212.20(6), except that the

  9  proceeds allocated pursuant to s. 212.20(6)(e)3. shall be

10  prorated to the participating counties in the same proportion

11  as that month's collection of the taxes and fees imposed

12  pursuant to chapter 212 and paragraph (1)(b).

13         (c)1.  During each calendar year, the remaining portion

14  of such proceeds shall be transferred to the Local Government

15  Half-cent Sales Tax Clearing Trust Fund and shall be allocated

16  in the same proportion as the allocation of total receipts of

17  the half-cent sales tax under s. 218.61 and the emergency

18  distribution under s. 218.65 in the prior state fiscal year.

19  However, during calendar year 2001, state fiscal year

20  2000-2001 proportions shall be used.

21         2.  The proportion of the proceeds allocated based on

22  the emergency distribution under s. 218.65 shall be

23  distributed pursuant to s. 218.65.

24         3.  In each calendar year, the proportion of the

25  proceeds allocated based on the half-cent sales tax under s.

26  218.61 shall be allocated to each county in the same

27  proportion as the county's percentage of total sales tax

28  allocation for the prior state fiscal year and distributed

29  pursuant to s. 218.62, except that for calendar year 2001,

30  state fiscal year 2000-2001 proportions shall be used. The

31  remaining portion of such proceeds shall be allocated to the

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  1  municipalities and counties in proportion to the allocation of

  2  receipts from the half-cent sales tax under s. 218.61 and the

  3  emergency distribution of such tax under s. 218.65.

  4         4.  The department shall distribute the appropriate

  5  amount to each municipality and county each month at the same

  6  time that local communications services taxes are distributed

  7  pursuant to subsection (3).

  8         (3)(a)  Notwithstanding any law to the contrary, the

  9  proceeds of each local communications services tax levied by a

10  municipality or county pursuant to s. 202.19(1) or s.

11  202.20(1), less the department's costs of administration,

12  shall be transferred to the Local Communications Services Tax

13  Clearing Trust Fund and held there to be distributed to such

14  municipality or county. However, the proceeds of any

15  communications services tax imposed pursuant to s. 202.19(5)

16  shall be deposited and disbursed in accordance with ss.

17  212.054 and 212.055. For purposes of this section, the

18  proceeds of any tax levied by a municipality, county, or

19  school board under s. 202.19(1) or s. 202.20(1) are all funds

20  collected and received by the department pursuant to a

21  specific levy authorized by such sections section, including

22  any interest and penalties attributable to the tax levy.

23         (c)1.  Except as otherwise provided in this paragraph,

24  proceeds of the taxes levied pursuant to s. 202.19, less

25  amounts deducted for costs of administration in accordance

26  with paragraph (b), shall be distributed monthly to the

27  appropriate jurisdictions. The proceeds of taxes imposed

28  pursuant to s. 202.19(5) shall be distributed in the same

29  manner as discretionary surtaxes are distributed, in

30  accordance with ss. 212.054 and 212.055.

31

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  1         2.  The department shall make any adjustments to the

  2  distributions pursuant to this paragraph which are necessary

  3  to reflect the proper amounts due to individual jurisdictions.

  4  In the event that the department adjusts amounts due to

  5  reflect a correction in the situsing of a customer, such

  6  adjustment shall be limited to the amount of tax actually

  7  collected from such customer by the dealer of communication

  8  services.

  9         Section 9.  Effective with respect to communications

10  services reflected on bills dated on or after October 1, 2001,

11  section 202.19, Florida Statutes, is amended to read:

12         202.19  Authorization to impose local communications

13  services tax.--

14         (1)  The governing authority of each county and

15  municipality may, by ordinance, levy a discretionary

16  communications services tax.

17         (2)(a)  Charter counties and municipalities may levy

18  the tax authorized by subsection (1) at a rate of up to 5.1

19  percent.

20         (b)  Noncharter counties may levy the tax authorized by

21  subsection (1) at a rate of up to 1.6 percent.

22         (c)  The maximum rates authorized by paragraphs (a) and

23  (b) do not include the add-ons of up to 0.12 percent for

24  municipalities and charter counties or of up to 0.24 percent

25  for noncharter counties authorized pursuant to s. 337.401, nor

26  do they supercede conversion or emergency rates authorized by

27  s. 202.20 which are in excess of these maximum rates. The rate

28  of such tax shall be as follows:

29         (a)  For municipalities and charter counties, the rate

30  shall be up to the maximum rate determined for municipalities

31  and charter counties in accordance with s. 202.20(2).

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  1         (b)  For all other counties, the rate shall be up to

  2  the maximum rate determined for other counties in accordance

  3  with s. 202.20(2).

  4

  5  The rate imposed by any municipality or county shall be

  6  expressed in increments of one-tenth of a percent and rounded

  7  up to the nearest one-tenth percent.

  8         (3)(a)  The maximum rates established under subsection

  9  (2) reflect the rates for communications services taxes

10  imposed under this chapter which are necessary for each

11  municipality or county to raise the maximum amount of revenues

12  which it was authorized to raise prior to July 1, 2000,

13  through the imposition of taxes, charges, and fees, but that

14  it is prohibited from imposing under s. 202.24, other than the

15  discretionary surtax authorized under s. 212.055. It is the

16  legislative intent that the maximum rates for charter counties

17  be calculated by treating them as having had the same

18  authority as municipalities to impose franchise fees on

19  recurring local telecommunication service revenues prior to

20  July 1, 2000. However, the Legislature recognizes that the

21  authority of charter counties to impose such fees is in

22  dispute, and the treatment provided in this section is not an

23  expression of legislative intent that charter counties

24  actually do or do not possess such authority.

25         (a)(b)  The tax authorized under this section includes

26  any fee or other consideration to which the municipality or

27  county is otherwise entitled for granting permission to

28  dealers of communications services, including, but not limited

29  to, or providers of cable television services, as authorized

30  in 47 U.S.C. s. 542, to use or occupy its roads or

31  rights-of-way for the placement, construction, and maintenance

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  1  of poles, wires, and other fixtures used in the provision of

  2  communications services.

  3         (b)(c)  This subsection does not supersede or impair

  4  the right, if any, of a municipality or county to require the

  5  payment of consideration or to require the payment of

  6  regulatory fees or assessments by persons using or occupying

  7  its roads or rights-of-way in a capacity other than that of a

  8  dealer of communications services.

  9         (4)(a)1.  Except as otherwise provided in this section,

10  the tax imposed by any municipality shall be on all

11  communications services subject to tax under s. 202.12 which:

12         a.1.  Originate or terminate in this state; and

13         b.2.  Are charged to a service address in the

14  municipality.

15         2.  With respect to private communications services,

16  the tax shall be on the sales price of such services provided

17  within the municipality. In determining the sales price of

18  private communications services subject to tax, the

19  communications service provider shall be entitled to use any

20  method that reasonably allocates the total charges among the

21  state and local taxing jurisdictions in which channel

22  termination points are located. An allocation method is deemed

23  to be reasonable for purposes of this subparagraph if the

24  communications service provider regularly used such method for

25  Florida tax purposes prior to December 31, 2000. If a

26  communications service provider uses a reasonable allocation

27  method, such provider shall be held harmless from any

28  liability for additional tax, interest, or penalty based on a

29  different allocation method.

30         (b)1.  Except as otherwise provided in this section,

31  the tax imposed by any county under subsection (1) shall be on

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  1  all communications services subject to tax under s. 202.12

  2  which:

  3         a.1.  Originate or terminate in this state; and

  4         b.2.  Are charged to a service address in the

  5  unincorporated area of the county.

  6         2.  With respect to private communications services,

  7  the tax shall be on the sales price of such services provided

  8  within the unincorporated area of the county. In determining

  9  the amount of charges for private communications services

10  subject to tax, the communications service provider shall be

11  entitled to use any method that reasonably allocates the total

12  charges among the state and local taxing jurisdictions in

13  which channel termination points are located. An allocation

14  method is deemed to be reasonable for purposes of this

15  subparagraph if the communications service provider regularly

16  used such method for Florida tax purposes prior to December

17  31, 2000. If a communications service provider uses a

18  reasonable allocation method, such provider shall be held

19  harmless from any liability for additional tax, interest, or

20  penalty based on a different allocation method.

21         (5)  In addition to the communications services taxes

22  authorized by subsection (1), a discretionary sales surtax

23  that a county or school board has levied under s. 212.055 is

24  imposed as a local communications services tax under this

25  section, and the rate shall be determined in accordance with

26  s. 202.20(3)(5).

27         (a)  Except as otherwise provided in this subsection,

28  each such tax rate shall be applied, in addition to the other

29  tax rates applied under this chapter, to communications

30  services subject to tax under s. 202.12 which:

31         1.(a)  Originate or terminate in this state; and

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  1         2.(b)  Are charged to a service address in the county.

  2         (b)  With respect to private communications services,

  3  the tax shall be on the sales price of such services provided

  4  within the county. In determining the sales price of private

  5  communications services subject to tax, the communications

  6  service provider shall be entitled to use any method that

  7  reasonably allocates the total charges among the state and

  8  local taxing jurisdictions in which channel termination points

  9  are located. An allocation method is deemed to be reasonable

10  for purposes of this paragraph if the communications service

11  provider regularly used such method for Florida tax purposes

12  prior to December 31, 2000. If a communications service

13  provider uses a reasonable allocation method, such provider

14  shall be held harmless from any liability for additional tax,

15  interest, or penalty based on a different allocation method.

16         (6)  Notwithstanding any other provision of this

17  section, a tax imposed under this section does not apply to

18  any direct-to-home satellite service.

19         (7)  Any tax imposed by a municipality, school board,

20  or county under this section also applies to the actual cost

21  of operating a substitute communications system, to be paid in

22  accordance with s. 202.15. This subsection does not apply to

23  the use by any provider of its own communications system to

24  conduct a business of providing communications services or to

25  the use of any communications system operated by a county, a

26  municipality, the state, or any political subdivision of the

27  state.

28         (8)  Notwithstanding any law to the contrary, a tax

29  imposed under this section shall not exceed $25,000 per

30  calendar year on communications services charges billed to a

31  service address located in a municipality or county imposing a

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  1  local communications services tax for interstate

  2  communications services that originate outside this state and

  3  terminate within this state. This subsection applies only to

  4  holders of a direct-pay permit issued under s. 202.12(3) this

  5  subsection. A person who does not qualify for a direct-pay

  6  permit under s. 202.12(3) does not qualify for a direct-pay

  7  permit under this subsection.  A refund may not be given for

  8  taxes paid before receiving a direct-pay permit. Upon

  9  application, the department shall identify the service

10  addresses qualifying for the limitation provided by this

11  subsection on the direct-pay permit issued under s. 202.12(3)

12  and authorize may issue a direct-pay permit to the purchaser

13  of communications services authorizing such purchaser to pay

14  the local communications tax on such interstate services

15  directly to the department if the application indicates that

16  the majority of such services used by such person and billed

17  to a service address are for communications originating

18  outside of this state and terminating in this state. The

19  direct-pay permit shall also indicate the counties or

20  municipalities to which it applies.  Any dealer of

21  communications services furnishing communications services to

22  the holder of a valid direct-pay permit is relieved of the

23  obligation to collect and remit the tax on such services. Tax

24  payments and returns pursuant to a direct-pay permit shall be

25  monthly. As used in this subsection, "person" means a single

26  legal entity and does not mean a group or combination of

27  affiliated entities or entities controlled by one person or

28  group of persons.

29         (9)  A municipality or county that imposes a tax under

30  subsection (1) may use The revenues raised by any such tax

31  imposed under subsection (1) or s. 202.20(1) may be used by a

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  1  municipality or county for any public purpose, including, but

  2  not limited to, pledging such revenues for the repayment of

  3  current or future bonded indebtedness. Revenues raised by a

  4  tax imposed under subsection (5) shall be used for the same

  5  purposes as the underlying discretionary sales surtax imposed

  6  by the county or school board under s. 212.055.

  7         (10)  Notwithstanding any provision of law to the

  8  contrary, the exemption set forth in s. 202.125(1) shall not

  9  apply to a tax imposed by a municipality, school board, or

10  county pursuant to subsection (4) or subsection (5).

11         (11)  To the extent that a provider of communications

12  services is required to pay to a local taxing jurisdiction a

13  tax, charge, or other fee under any franchise agreement or

14  ordinance with respect to the services or revenues that are

15  also subject to the tax imposed by this section, such provider

16  is entitled to a credit against the amount payable to the

17  state pursuant to this section in the amount of such tax,

18  charge, or fee with respect to such services or revenues. The

19  amount of such credit shall be deducted from the amount that

20  such local taxing jurisdiction is entitled to receive under s.

21  202.18(3).

22         Section 10.  Effective January 1, 2004, subsections (4)

23  and (5) of section 202.19, Florida Statutes, as amended by

24  this act, are amended to read:

25         202.19  Authorization to impose local communications

26  services tax.--

27         (4)(a)1.  Except as otherwise provided in this section,

28  the tax imposed by any municipality shall be on all

29  communications services subject to tax under s. 202.12 which:

30         a.  Originate or terminate in this state; and

31

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  1         b.  Are charged to a service address in the

  2  municipality.

  3         2.  With respect to private communications services,

  4  the tax shall be on the sales price of such services provided

  5  within the municipality, which shall be determined in

  6  accordance with the following provisions:.

  7         a.  Any charge with respect to a channel termination

  8  point located within such municipality;

  9         b.  Any charge for the use of a channel between two

10  channel termination points located in such municipality; and

11         c.  Where channel termination points are located both

12  within and outside of the municipality:

13         (I)  If any segment between two such channel

14  termination points is separately billed, 50 percent of such

15  charge; and

16         (II)  If any segment of the circuit is not separately

17  billed, an amount equal to the total charge for such circuit

18  multiplied by a fraction, the numerator of which is the number

19  of channel termination points within such municipality and the

20  denominator of which is the total number of channel

21  termination points of the circuit. In determining the sales

22  price of private communications services subject to tax, the

23  communications service provider shall be entitled to use any

24  method that reasonably allocates the total charges among the

25  state and local taxing jurisdictions in which channel

26  termination points are located. An allocation method is deemed

27  to be reasonable for purposes of this subparagraph if the

28  communications service provider regularly used such method for

29  Florida tax purposes prior to December 31, 2000. If a

30  communications service provider uses a reasonable allocation

31  method, such provider shall be held harmless from any

                                  33

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  1  liability for additional tax, interest, or penalty based on a

  2  different allocation method.

  3         (b)1.  Except as otherwise provided in this section,

  4  the tax imposed by any county under subsection (1) shall be on

  5  all communications services subject to tax under s. 202.12

  6  which:

  7         a.  Originate or terminate in this state; and

  8         b.  Are charged to a service address in the

  9  unincorporated area of the county.

10         2.  With respect to private communications services,

11  the tax shall be on the sales price of such services provided

12  within the unincorporated area of the county, which shall be

13  determined in accordance with the following provisions:.

14         a.  Any charge with respect to a channel termination

15  point located within the unincorporated area of such county;

16         b.  Any charge for the use of a channel between two

17  channel termination points located in the unincorporated area

18  of such county; and

19         c.  Where channel termination points are located both

20  within and outside of the unincorporated area of such county:

21         (I)  If any segment between two such channel

22  termination points is separately billed, 50 percent of such

23  charge; and

24         (II)  If any segment of the circuit is not separately

25  billed, an amount equal to the total charge for such circuit

26  multiplied by a fraction, the numerator of which is the number

27  of channel termination points within the unincorporated area

28  of such county and the denominator of which is the total

29  number of channel termination points of the circuit. In

30  determining the amount of charges for private communications

31  services subject to tax, the communications service provider

                                  34

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    Florida Senate - 2001                           CS for SB 1878
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  1  shall be entitled to use any method that reasonably allocates

  2  the total charges among the state and local taxing

  3  jurisdictions in which channel termination points are located.

  4  An allocation method is deemed to be reasonable for purposes

  5  of this subparagraph if the communications service provider

  6  regularly used such method for Florida tax purposes prior to

  7  December 31, 2000. If a communications service provider uses a

  8  reasonable allocation method, such provider shall be held

  9  harmless from any liability for additional tax, interest, or

10  penalty based on a different allocation method.

11         (5)  In addition to the communications services taxes

12  authorized by subsection (1), a discretionary sales surtax

13  that a county or school board has levied under s. 212.055 is

14  imposed as a local communications services tax under this

15  section, and the rate shall be determined in accordance with

16  s. 202.20(3).

17         (a)  Except as otherwise provided in this subsection,

18  each such tax rate shall be applied, in addition to the other

19  tax rates applied under this chapter, to communications

20  services subject to tax under s. 202.12 which:

21         1.  Originate or terminate in this state; and

22         2.  Are charged to a service address in the county.

23         (b)  With respect to private communications services,

24  the tax shall be on the sales price of such services provided

25  within the county, which shall be determined in accordance

26  with the following provisions:.

27         1.  Any charge with respect to a channel termination

28  point located within such county;

29         2.  Any charge for the use of a channel between two

30  channel termination points located in such county; and

31

                                  35

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    Florida Senate - 2001                           CS for SB 1878
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  1         3.  Where channel termination points are located both

  2  within and outside of such county:

  3         a.  If any segment between two such channel termination

  4  points is separately billed, 50 percent of such charge; and

  5         b.  If any segment of the circuit is not separately

  6  billed, an amount equal to the total charge for such circuit

  7  multiplied by a fraction, the numerator of which is the number

  8  of channel termination points within such county and the

  9  denominator of which is the total number of channel

10  termination points of the circuit. In determining the sales

11  price of private communications services subject to tax, the

12  communications service provider shall be entitled to use any

13  method that reasonably allocates the total charges among the

14  state and local taxing jurisdictions in which channel

15  termination points are located. An allocation method is deemed

16  to be reasonable for purposes of this paragraph if the

17  communications service provider regularly used such method for

18  Florida tax purposes prior to December 31, 2000. If a

19  communications service provider uses a reasonable allocation

20  method, such provider shall be held harmless from any

21  liability for additional tax, interest, or penalty based on a

22  different allocation method.

23         Section 11.  Effective with respect to bills issued by

24  communications services providers after August 1, 2002,

25  subsection (12) is added to section 202.19, Florida Statutes,

26  to read:

27         202.19  Authorization to impose local communications

28  services tax.--

29         (12)  Notwithstanding any other provision of this

30  section, with respect to mobile communications services, the

31  rate of a local communications services tax levied under this

                                  36

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    Florida Senate - 2001                           CS for SB 1878
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  1  section shall be applied to the sales price of all mobile

  2  communications services deemed to be provided to a customer by

  3  a home service provider pursuant to s. 117(a) of the Mobile

  4  Telecommunications Sourcing Act, Pub. L. No. 106-252, if such

  5  customer's service address is located within the municipality

  6  levying the tax or within the unincorporated area of the

  7  county levying the tax, as the case may be.

  8         Section 12.  Effective with respect to communications

  9  services reflected on bills dated on or after October 1, 2001,

10  section 202.20, Florida Statutes, is amended to read:

11         202.20  Local communications services tax conversion

12  rates.--

13         (1)(a)  For the period of October 1, 2001, through

14  September 30, 2002, there are hereby levied the following

15  local communications services tax conversion rates on taxable

16  sales as authorized by s. 202.19. The conversion rates take

17  effect without any action required by the local government.

18  The conversion rates for local governments that have not

19  chosen to levy permit fees do not include the add-ons of up to

20  0.12 percent for municipalities and charter counties or of up

21  to 0.24 percent for noncharter counties authorized pursuant to

22  s. 337.401.

23

24  Jurisdiction   County          Conversion      Conversion

25                                 rates for       rates for

26                                 local           local

27                                 governments     governments

28                                 that have NOT   that have

29                                 chosen to       chosen to

30                                 levy            levy

31                                 permit fees     permit fees

                                  37

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    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1

  2  ALACHUA        Alachua         5.00%           4.88%

  3  Alachua        Alachua         4.10%           3.98%

  4  Archer         Alachua         3.30%           3.18%

  5  Gainesville    Alachua         5.30%           5.18%

  6  Hawthorne      Alachua         2.00%           1.88%

  7  High Springs   Alachua         2.80%           2.68%

  8  LaCrosse       Alachua         3.60%           3.48%

  9  Micanopy       Alachua         2.70%           2.58%

10  Newberry       Alachua         4.60%           4.48%

11  Waldo          Alachua         1.40%           1.28%

12  BAKER          Baker           0.50%           0.50%

13  Glen Saint

14  Mary           Baker           5.70%           5.58%

15  Macclenny      Baker           6.40%           6.28%

16  BAY            Bay             0.00%           0.00%

17  Callaway       Bay             5.50%           5.38%

18  Cedar Grove    Bay             5.20%           5.08%

19  Lynn Haven     Bay             5.30%           5.18%

20  Mexico Beach   Bay             3.20%           3.08%

21  Panama City    Bay             5.30%           5.18%

22  Panama City

23  Beach          Bay             3.80%           3.68%

24  Parker         Bay             5.10%           4.98%

25  Springfield    Bay             4.40%           4.28%

26  BRADFORD       Bradford        0.50%           0.50%

27  Brooker        Bradford        3.20%           3.08%

28  Hampton        Bradford        2.40%           2.28%

29  Lawtey         Bradford        1.20%           1.08%

30  Starke         Bradford        3.80%           3.08%

31  BREVARD        Brevard         1.40%           1.18%

                                  38

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    Florida Senate - 2001                           CS for SB 1878
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  1  Cape

  2  Canaveral      Brevard         4.90%           4.78%

  3  Cocoa          Brevard         4.30%           4.18%

  4  Cocoa Beach    Brevard         5.50%           5.38%

  5  Indialantic    Brevard         6.70%           6.58%

  6  Indian

  7  Harbour Beach  Brevard         4.30%           4.18%

  8  Malabar        Brevard         5.30%           5.18%

  9  Melbourne      Brevard         5.40%           5.28%

10  Melbourne

11  Beach          Brevard         5.20%           5.08%

12  Melbourne

13  Village        Brevard         4.50%           4.38%

14  Palm Bay       Brevard         5.40%           5.28%

15  Palm Shores    Brevard         5.20%           5.08%

16  Rockledge      Brevard         4.40%           4.28%

17  Satellite

18  Beach          Brevard         1.80%           1.68%

19  Titusville     Brevard         5.70%           5.58%

20  West

21  Melbourne      Brevard         5.80%           5.68%

22  BROWARD        Broward         5.20%           5.08%

23  Coconut Creek  Broward         5.10%           4.98%

24  Cooper City    Broward         5.20%           5.08%

25  Coral Springs  Broward         5.40%           5.28%

26  Dania          Broward         5.60%           5.48%

27  Davie          Broward         5.60%           5.48%

28  Deerfield

29  Beach          Broward         1.50%           1.38%

30  Ft.

31  Lauderdale     Broward         5.50%           5.38%

                                  39

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    Florida Senate - 2001                           CS for SB 1878
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  1  Hallandale     Broward         5.20%           5.08%

  2  Hillsboro

  3  Beach          Broward         1.30%           1.18%

  4  Hollywood      Broward         5.20%           5.08%

  5  Lauderdale-

  6  by-the-Sea     Broward         5.30%           5.18%

  7  Lauderdale

  8  Lakes          Broward         5.60%           5.48%

  9  Lauderhill     Broward         5.50%           5.38%

10  Lazy Lake

11  Village        Broward         0.60%           0.48%

12  Lighthouse

13  Point          Broward         6.60%           6.48%

14  Margate        Broward         5.60%           5.48%

15  Miramar        Broward         5.40%           5.28%

16  North

17  Lauderdale     Broward         3.80%           3.68%

18  Oakland Park   Broward         5.70%           5.58%

19  Parkland       Broward         1.40%           1.28%

20  Pembroke Park  Broward         5.00%           4.88%

21  Pembroke

22  Pines          Broward         5.70%           5.58%

23  Plantation     Broward         5.00%           4.88%

24  Pompano Beach  Broward         4.90%           4.78%

25  Sea Ranch

26  Lakes          Broward         1.60%           1.48%

27  Southwest

28  Ranches        Broward         4.90%           4.78%

29  Sunrise        Broward         5.00%           4.88%

30  Tamarac        Broward         2.50%           1.78%

31  Weston         Broward         5.30%           5.18%

                                  40

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    Florida Senate - 2001                           CS for SB 1878
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  1  Wilton Manors  Broward         5.90%           5.78%

  2  CALHOUN        Calhoun         0.00%           0.00%

  3  Altha          Calhoun         4.30%           4.18%

  4  Blountstown    Calhoun         1.40%           1.28%

  5  CHARLOTTE      Charlotte       2.00%           1.88%

  6  Punta Gorda    Charlotte       5.40%           5.28%

  7  CITRUS         Citrus          2.10%           2.10%

  8  Crystal River  Citrus          5.60%           5.48%

  9  Inverness      Citrus          5.60%           5.48%

10  CLAY           Clay            6.30%           6.18%

11  Green Cove

12  Springs        Clay            4.00%           3.88%

13  Keystone

14  Heights        Clay            2.30%           2.18%

15  Orange Park    Clay            0.80%           0.68%

16  Penney Farms   Clay            2.00%           1.88%

17  COLLIER        Collier         2.30%           2.30%

18  Everglades     Collier         4.20%           3.88%

19  Marco Island   Collier         2.50%           1.98%

20  Naples         Collier         3.60%           3.48%

21  COLUMBIA       Columbia        1.40%           1.40%

22  Ft. White      Columbia        0.70%           0.58%

23  Lake City      Columbia        4.70%           4.58%

24  DESOTO         DeSoto          2.20%           2.20%

25  Arcadia        DeSoto          4.00%           3.88%

26  DIXIE          Dixie           0.10%           0.10%

27  Cross City     Dixie           2.70%           2.58%

28  Horseshoe

29  Beach          Dixie           6.70%           6.58%

30  DUVAL/Jax      Duval           4.80%           4.68%

31  Atlantic

                                  41

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    Florida Senate - 2001                           CS for SB 1878
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  1  Beach          Duval           6.40%           6.28%

  2  Baldwin        Duval           6.60%           6.48%

  3  Jacksonville

  4  Beach          Duval           5.00%           4.78%

  5  Neptune Beach  Duval           4.30%           4.18%

  6  ESCAMBIA       Escambia        1.70%           1.70%

  7  Century        Escambia        2.30%           2.18%

  8  Pensacola      Escambia        5.50%           5.28%

  9  FLAGLER        Flagler         0.70%           0.70%

10  Beverly Beach  Flagler         2.00%           1.88%

11  Bunnell        Flagler         2.70%           2.58%

12  Flagler Beach  Flagler &

13                 Volusia         5.40%           5.28%

14  Marineland     Flagler &

15                 St. Johns       0.40%           0.28%

16  Palm Coast     Flagler         1.40%           1.28%

17  FRANKLIN       Franklin        0.90%           0.90%

18  Apalachicola   Franklin        3.90%           3.78%

19  Carrabelle     Franklin        6.20%           6.08%

20  GADSDEN        Gadsden         0.30%           0.30%

21  Chattahoochee  Gadsden         1.10%           0.98%

22  Greensboro     Gadsden         0.00%           0.00%

23  Gretna         Gadsden         4.20%           4.08%

24  Havana         Gadsden         0.80%           0.68%

25  Midway         Gadsden         4.00%           3.88%

26  Quincy         Gadsden         1.20%           1.08%

27  GILCHRIST      Gilchrist       0.00%           0.00%

28  Bell           Gilchrist       4.80%           4.68%

29  Fanning        Gilchrist &

30  Springs        Levy            6.00%           5.88%

31  Trenton        Gilchrist       4.20%           4.08%

                                  42

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  1  GLADES         Glades          0.50%           0.50%

  2  Moore Haven    Glades          1.30%           1.18%

  3  GULF           Gulf            0.40%           0.40%

  4  Port St. Joe   Gulf            3.90%           3.78%

  5  Wewahitchka    Gulf            3.90%           3.78%

  6  HAMILTON       Hamilton        0.30%           0.30%

  7  Jasper         Hamilton        5.20%           4.98%

  8  Jennings       Hamilton        1.60%           1.48%

  9  White Springs  Hamilton        5.40%           5.28%

10  HARDEE         Hardee          1.20%           1.20%

11  Bowling Green  Hardee          3.40%           3.28%

12  Wauchula       Hardee          5.40%           5.28%

13  Zolfo Springs  Hardee          2.40%           2.28%

14  HENDRY         Hendry          0.70%           0.70%

15  Clewiston      Hendry          3.50%           3.38%

16  La Belle       Hendry          4.40%           4.28%

17  HERNANDO       Hernando        1.50%           1.50%

18  Brooksville    Hernando        1.00%           0.88%

19  Weeki Wachee   Hernando        0.10%           0.00%

20  HIGHLANDS      Highlands       1.20%           1.20%

21  Avon Park      Highlands       4.70%           4.58%

22  Lake Placid    Highlands       1.00%           0.88%

23  Sebring        Highlands       1.20%           0.88%

24  HILLSBOROUGH   Hillsborough    2.20%           2.08%

25  Plant City     Hillsborough    6.10%           5.98%

26  Tampa          Hillsborough    5.50%           5.28%

27  Temple

28  Terrace        Hillsborough    5.80%           5.68%

29  HOLMES         Holmes          0.20%           0.20%

30  Bonifay        Holmes          6.20%           6.08%

31  Esto           Holmes          0.90%           0.78%

                                  43

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    Florida Senate - 2001                           CS for SB 1878
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  1  Noma           Holmes          0.20%           0.08%

  2  Ponce de Leon  Holmes          2.90%           2.78%

  3  Westville      Holmes          1.00%           0.88%

  4  INDIAN RIVER   Indian River    1.50%           1.50%

  5  Fellsmere      Indian River    4.40%           4.28%

  6  Indian River

  7  Shores         Indian River    3.00%           2.88%

  8  Orchid         Indian River    2.30%           2.18%

  9  Sebastian      Indian River    3.50%           3.38%

10  Vero Beach     Indian River    5.40%           5.28%

11  JACKSON        Jackson         0.20%           0.20%

12  Alford         Jackson         0.30%           0.18%

13  Bascom         Jackson         1.30%           1.18%

14  Campbellton    Jackson         0.30%           0.18%

15  Cottondale     Jackson         4.70%           4.58%

16  Graceville     Jackson         4.80%           4.68%

17  Grand Ridge    Jackson         0.80%           0.68%

18  Greenwood      Jackson         0.40%           0.28%

19  Jacob City     Jackson         0.00%           0.00%

20  Malone         Jackson         0.50%           0.38%

21  Marianna       Jackson         4.30%           4.18%

22  Sneads         Jackson         3.60%           3.48%

23  JEFFERSON      Jefferson       1.00%           1.00%

24  Monticello     Jefferson       4.90%           4.78%

25  LAFAYETTE      Lafayette       0.00%           0.00%

26  Mayo           Lafayette       2.10%           1.98%

27  LAKE           Lake            1.90%           1.90%

28  Astatula       Lake            4.80%           4.68%

29  Clermont       Lake            5.00%           4.88%

30  Eustis         Lake            5.50%           5.38%

31  Fruitland

                                  44

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    Florida Senate - 2001                           CS for SB 1878
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  1  Park           Lake            5.10%           4.98%

  2  Groveland      Lake            5.30%           5.18%

  3  Howey-in-

  4  the-Hills      Lake            3.60%           3.48%

  5  Lady Lake      Lake            1.50%           1.38%

  6  Leesburg       Lake            1.40%           1.28%

  7  Mascotte       Lake            4.20%           4.08%

  8  Minneola       Lake            3.50%           3.38%

  9  Montverde      Lake            1.90%           1.78%

10  Mount Dora     Lake            1.70%           1.28%

11  Tavares        Lake            5.60%           5.48%

12  Umatilla       Lake            3.40%           3.28%

13  LEE            Lee             2.20%           2.08%

14  Bonita

15  Springs        Lee             1.90%           1.78%

16  Cape Coral     Lee             1.60%           1.48%

17  Ft. Myers      Lee             5.10%           4.98%

18  Ft. Myers

19  Beach          Lee             2.30%           2.18%

20  Sanibel        Lee             2.50%           2.38%

21  LEON           Leon            1.10%           1.10%

22  Tallahassee    Leon            4.70%           4.58%

23  LEVY           Levy            0.00%           0.00%

24  Bronson        Levy            2.80%           2.68%

25  Cedar Key      Levy            2.30%           2.18%

26  Chiefland      Levy            2.90%           2.78%

27  Inglis         Levy            3.80%           3.68%

28  Otter Creek    Levy            0.70%           0.58%

29  Williston      Levy            1.80%           1.68%

30  Yankeetown     Levy            6.00%           5.88%

31  LIBERTY        Liberty         0.60%           0.60%

                                  45

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    Florida Senate - 2001                           CS for SB 1878
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  1  Bristol        Liberty         3.10%           2.98%

  2  MADISON        Madison         0.40%           0.40%

  3  Greenville     Madison         2.30%           2.18%

  4  Lee            Madison         0.50%           0.38%

  5  Madison        Madison         5.30%           4.88%

  6  MANATEE        Manatee         0.80%           0.80%

  7  Anna Maria     Manatee         1.50%           1.38%

  8  Bradenton      Manatee         5.90%           5.78%

  9  Bradenton

10  Beach          Manatee         6.00%           5.88%

11  Holmes Beach   Manatee         3.80%           3.68%

12  Palmetto       Manatee         5.80%           5.68%

13  Longboat Key   Manatee &

14                 Sarasota        3.50%           3.38%

15  MARION         Marion          0.00%           0.00%

16  Belleview      Marion          1.00%           0.88%

17  Dunnellon      Marion          4.80%           4.68%

18  McIntosh       Marion          1.40%           1.28%

19  Ocala          Marion          5.20%           5.08%

20  Reddick        Marion          1.40%           1.28%

21  MARTIN         Martin          1.50%           1.50%

22  Jupiter

23  Island         Martin          0.70%           0.58%

24  Ocean Breeze

25  Park           Martin          2.40%           2.28%

26  Sewalls Point  Martin          2.40%           2.28%

27  Stuart         Martin          5.20%           5.08%

28  MIAMI-DADE     Miami-Dade      5.00%           4.78%

29  Aventura       Miami-Dade      5.60%           5.48%

30  Bal Harbour    Miami-Dade      5.40%           5.28%

31  Bay Harbor

                                  46

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    Florida Senate - 2001                           CS for SB 1878
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  1  Islands        Miami-Dade      5.20%           5.08%

  2  Biscayne Park  Miami-Dade      4.70%           4.58%

  3  Coral Gables   Miami-Dade      4.40%           4.28%

  4  El Portal      Miami-Dade      6.00%           5.88%

  5  Florida City   Miami-Dade      5.80%           5.68%

  6  Golden Beach   Miami-Dade      2.10%           1.98%

  7  Hialeah        Miami-Dade      5.40%           5.28%

  8  Hialeah

  9  Gardens        Miami-Dade      5.60%           5.48%

10  Homestead      Miami-Dade      5.70%           5.58%

11  Indian Creek

12  Village        Miami-Dade      0.80%           0.68%

13  Islandia       Miami-Dade      0.00%           0.00%

14  Key Biscayne   Miami-Dade      5.00%           4.88%

15  Medley         Miami-Dade      6.70%           6.58%

16  Miami          Miami-Dade      5.10%           4.98%

17  Miami Beach    Miami-Dade      5.10%           4.98%

18  Miami Shores   Miami-Dade      6.10%           5.98%

19  Miami Springs  Miami-Dade      3.20%           3.08%

20  North Bay      Miami-Dade      5.30%           5.18%

21  North Miami    Miami-Dade      5.20%           5.08%

22  North Miami

23  Beach          Miami-Dade      5.40%           5.28%

24  Opa-Locka      Miami-Dade      4.00%           3.88%

25  Pinecrest      Miami-Dade      5.90%           5.78%

26  South Miami    Miami-Dade      5.20%           5.08%

27  Sunny Isles

28  Beach          Miami-Dade      5.50%           5.38%

29  Surfside       Miami-Dade      5.20%           5.08%

30  Sweetwater     Miami-Dade      5.00%           4.88%

31  Virginia

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Gardens        Miami-Dade      0.40%           0.28%

  2  West Miami     Miami-Dade      4.80%           4.68%

  3  MONROE         Monroe          1.50%           1.50%

  4  Islamorada     Monroe          0.40%           0.00%

  5  Key Colony

  6  Beach          Monroe          2.60%           2.48%

  7  Key West       Monroe          1.60%           1.48%

  8  Layton         Monroe          0.00%           0.00%

  9  Marathon       Monroe          2.10%           1.68%

10  NASSAU         Nassau          0.80%           0.80%

11  Callahan       Nassau          4.90%           4.78%

12  Fernandina

13  Beach          Nassau          5.40%           5.28%

14  Hilliard       Nassau          3.40%           3.28%

15  OKALOOSA       Okaloosa        0.70%           0.70%

16  Cinco Bayou    Okaloosa        5.40%           5.28%

17  Crestview      Okaloosa        3.70%           3.58%

18  Destin         Okaloosa        2.10%           1.98%

19  Ft. Walton

20  Beach          Okaloosa        5.90%           5.78%

21  Laurel Hill    Okaloosa        3.00%           2.88%

22  Mary Esther    Okaloosa        5.30%           5.18%

23  Niceville      Okaloosa        6.00%           5.88%

24  Shalimar       Okaloosa        5.40%           5.28%

25  Valparaiso     Okaloosa        4.10%           3.98%

26  OKEECHOBEE     Okeechobee      0.90%           0.90%

27  Okeechobee     Okeechobee      4.80%           4.68%

28  ORANGE         Orange          5.20%           4.98%

29  Apopka         Orange          6.50%           6.38%

30  Bay Lake       Orange          0.00%           0.00%

31  Belle Isle     Orange          1.80%           1.68%

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Eatonville     Orange          4.70%           4.58%

  2  Edgewood       Orange          1.00%           0.88%

  3  Lake Buena

  4  Vista          Orange          0.00%           0.00%

  5  Maitland       Orange          5.60%           5.38%

  6  Oakland        Orange          5.40%           5.28%

  7  Ocoee          Orange          5.00%           4.68%

  8  Orlando        Orange          4.40%           4.28%

  9  Windermere     Orange          4.70%           4.58%

10  Winter Garden  Orange          4.70%           4.58%

11  Winter Park    Orange          6.10%           5.98%

12  OSCEOLA        Osceola         5.50%           5.28%

13  Kissimmee      Osceola         4.80%           4.68%

14  St. Cloud      Osceola         5.50%           5.38%

15  PALM BEACH     Palm Beach      5.00%           4.88%

16  Atlantis       Palm Beach      1.20%           1.08%

17  Belle Glade    Palm Beach      5.40%           5.28%

18  Boca Raton     Palm Beach      5.70%           5.58%

19  Boynton Beach  Palm Beach      5.20%           5.08%

20  Briny Breezes  Palm Beach      3.20%           0.28%

21  Cloud Lake     Palm Beach      2.40%           2.28%

22  Delray Beach   Palm Beach      4.70%           4.58%

23  Glen Ridge     Palm Beach      1.60%           1.48%

24  Golf Village   Palm Beach      0.60%           0.48%

25  Golfview       Palm Beach      0.70%           0.58%

26  Greenacres

27  City           Palm Beach      5.80%           5.68%

28  Gulf Stream    Palm Beach      1.10%           0.98%

29  Haverhill      Palm Beach      1.60%           1.28%

30  Highland

31  Beach          Palm Beach      4.40%           4.28%

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Hypoluxo       Palm Beach      6.30%           6.18%

  2  Juno Beach     Palm Beach      5.10%           4.98%

  3  Jupiter        Palm Beach      4.30%           4.18%

  4  Jupiter

  5  Inlet Colony   Palm Beach      2.10%           1.98%

  6  Lake Clarke

  7  Shores         Palm Beach      1.60%           1.48%

  8  Lake Park      Palm Beach      5.60%           5.48%

  9  Lake Worth     Palm Beach      5.20%           5.08%

10  Lantana        Palm Beach      5.80%           5.68%

11  Manalapan      Palm Beach      1.80%           1.68%

12  Mangonia Park  Palm Beach      5.90%           5.78%

13  North Palm

14  Beach          Palm Beach      5.50%           5.28%

15  Ocean Ridge    Palm Beach      1.10%           0.98%

16  Pahokee        Palm Beach      4.60%           4.48%

17  Palm Beach     Palm Beach      4.90%           4.78%

18  Palm Beach

19  Gardens        Palm Beach      1.20%           1.08%

20  Palm Beach

21  Shores         Palm Beach      5.80%           5.68%

22  Palm Springs   Palm Beach      5.60%           5.48%

23  Riviera Beach  Palm Beach      4.80%           4.68%

24  Royal Palm

25  Beach          Palm Beach      5.30%           5.18%

26  South Bay      Palm Beach      5.50%           5.38%

27  South Palm

28  Beach          Palm Beach      6.00%           5.88%

29  Tequesta

30  Village        Palm Beach      4.40%           4.28%

31  Wellington     Palm Beach      5.50%           5.38%

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  West Palm

  2  Beach          Palm Beach      5.70%           5.58%

  3  PASCO          Pasco           1.60%           1.60%

  4  Dade City      Pasco           5.30%           5.18%

  5  New Port

  6  Richey         Pasco           5.90%           5.78%

  7  Port Richey    Pasco           1.00%           0.88%

  8  Saint Leo      Pasco           1.10%           0.98%

  9  San Antonio    Pasco           0.80%           0.68%

10  Zephyrhills    Pasco           5.90%           5.78%

11  PINELLAS       Pinellas        2.00%           1.88%

12  Belleair       Pinellas        1.80%           1.68%

13  Belleair

14  Beach          Pinellas        6.50%           6.38%

15  Belleair

16  Bluffs         Pinellas        2.10%           1.98%

17  Belleair

18  Shore          Pinellas        2.60%           2.48%

19  Clearwater     Pinellas        5.40%           5.28%

20  Dunedin        Pinellas        5.60%           5.48%

21  Gulfport       Pinellas        6.50%           6.38%

22  Indian Rocks

23  Beach          Pinellas        2.50%           2.38%

24  Indian Shores  Pinellas        2.80%           2.68%

25  Kenneth City   Pinellas        1.40%           1.28%

26  Largo          Pinellas        6.00%           5.88%

27  Madeira Beach  Pinellas        6.00%           5.88%

28  North

29  Redington

30  Beach          Pinellas        1.80%           1.68%

31  Oldsmar        Pinellas        6.10%           5.98%

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Pinellas Park  Pinellas        5.90%           5.78%

  2  Redington

  3  Beach          Pinellas        5.90%           5.78%

  4  Redington

  5  Shores         Pinellas        1.20%           1.08%

  6  Safety Harbor  Pinellas        6.90%           6.38%

  7  St. Pete

  8  Beach          Pinellas        6.10%           5.98%

  9  St.

10  Petersburg     Pinellas        6.00%           5.88%

11  Seminole       Pinellas        5.50%           5.38%

12  South

13  Pasadena       Pinellas        6.10%           5.98%

14  Tarpon

15  Springs        Pinellas        6.10%           5.98%

16  Treasure

17  Island         Pinellas        2.40%           2.28%

18  POLK           Polk            2.90%           2.78%

19  Auburndale     Polk            4.60%           4.48%

20  Bartow         Polk            6.50%           5.68%

21  Davenport      Polk            3.70%           3.58%

22  Dundee         Polk            6.00%           5.88%

23  Eagle Lake     Polk            5.80%           5.68%

24  Ft. Meade      Polk            5.60%           4.98%

25  Frostproof     Polk            5.70%           5.58%

26  Haines City    Polk            5.50%           5.38%

27  Highland Park  Polk            0.00%           0.00%

28  Hillcrest

29  Heights        Polk            1.10%           0.98%

30  Lake Alfred    Polk            4.80%           4.68%

31  Lake Hamilton  Polk            3.90%           3.78%

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Lake Wales     Polk            4.80%           4.68%

  2  Lakeland       Polk            5.60%           5.48%

  3  Mulberry       Polk            3.40%           3.28%

  4  Polk City      Polk            3.00%           2.88%

  5  Winter Haven   Polk            6.70%           6.58%

  6  PUTNAM         Putnam          1.30%           1.30%

  7  Crescent City  Putnam          4.70%           4.58%

  8  Interlachen    Putnam          1.80%           1.68%

  9  Palatka        Putnam          5.40%           5.28%

10  Pomona Park    Putnam          3.10%           2.98%

11  Welaka         Putnam          2.70%           2.58%

12  SANTA ROSA     Santa Rosa      1.70%           1.70%

13  Gulf Breeze    Santa Rosa      1.10%           0.98%

14  Jay            Santa Rosa      1.40%           1.28%

15  Milton         Santa Rosa      6.20%           6.08%

16  SARASOTA       Sarasota        5.10%           4.98%

17  North Port     Sarasota        6.10%           5.98%

18  Sarasota       Sarasota        5.60%           5.48%

19  Venice         Sarasota        5.40%           5.28%

20  SEMINOLE       Seminole        3.20%           2.98%

21  Altamonte

22  Springs        Seminole        5.20%           5.08%

23  Casselberry    Seminole        5.70%           5.58%

24  Lake Mary      Seminole        4.40%           4.28%

25  Longwood       Seminole        5.80%           5.68%

26  Oviedo         Seminole        4.70%           4.58%

27  Sanford        Seminole        5.00%           4.88%

28  Winter

29  Springs        Seminole        6.20%           6.08%

30  ST. JOHNS      St. Johns       1.30%           1.30%

31  Hastings       St. Johns       1.60%           1.48%

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  St. Augustine  St. Johns       4.80%           4.68%

  2  St. Augustine

  3  Beach          St. Johns       4.90%           4.78%

  4  ST. LUCIE      St. Lucie       1.20%           1.20%

  5  Ft. Pierce     St. Lucie       4.90%           4.78%

  6  Port St.

  7  Lucie          St. Lucie       1.60%           1.48%

  8  St. Lucie

  9  Village        St. Lucie       1.80%           1.68%

10  SUMTER         Sumter          0.80%           0.80%

11  Bushnell       Sumter          5.40%           5.28%

12  Center Hill    Sumter          4.70%           4.58%

13  Coleman        Sumter          4.20%           4.08%

14  Webster        Sumter          3.30%           3.18%

15  Wildwood       Sumter          3.90%           3.78%

16  SUWANNEE       Suwannee        0.50%           0.50%

17  Branford       Suwannee        4.90%           4.78%

18  Live Oak       Suwannee        6.00%           5.88%

19  TAYLOR         Taylor          1.20%           1.20%

20  Perry          Taylor          5.90%           5.78%

21  UNION          Union           0.40%           0.40%

22  Lake Butler    Union           2.50%           2.38%

23  Raiford        Union           0.00%           0.00%

24  Worthington

25  Springs        Union           0.00%           0.00%

26  VOLUSIA        Volusia         4.20%           4.08%

27  Daytona Beach  Volusia         5.00%           4.88%

28  Daytona Beach

29  Shores         Volusia         5.50%           5.38%

30  DeBary         Volusia         4.70%           4.58%

31  DeLand         Volusia         4.60%           4.48%

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Deltona        Volusia         6.60%           6.48%

  2  Edgewater      Volusia         5.20%           5.08%

  3  Holly Hill     Volusia         4.50%           4.38%

  4  Lake Helen     Volusia         2.20%           2.08%

  5  New Smyrna

  6  Beach          Volusia         4.40%           4.28%

  7  Oak Hill       Volusia         3.80%           3.68%

  8  Orange City    Volusia         4.90%           4.78%

  9  Ormond Beach   Volusia         5.30%           5.18%

10  Pierson        Volusia         1.20%           1.08%

11  Ponce Inlet    Volusia         5.70%           5.58%

12  Port Orange    Volusia         5.10%           4.98%

13  South Daytona  Volusia         6.10%           5.98%

14  WAKULLA        Wakulla         0.90%           0.90%

15  St. Marks      Wakulla         0.00%           0.00%

16  Sopchoppy      Wakulla         1.30%           1.18%

17  WALTON         Walton          0.70%           0.70%

18  DeFuniak

19  Springs        Walton          6.00%           5.88%

20  Freeport       Walton          1.40%           1.28%

21  Paxton         Walton          2.80%           2.68%

22  WASHINGTON     Washington      0.30%           0.30%

23  Caryville      Washington      1.00%           0.88%

24  Chipley        Washington      5.70%           5.58%

25  Ebro           Washington      0.60%           0.48%

26  Vernon         Washington      5.80%           5.68%

27  Wausau         Washington      1.90%           1.78%

28

29  This paragraph is repealed October 1, 2002.

30         (b)  Beginning October 1, 2002, there are hereby levied

31  the following local communications services tax conversion

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  rates on taxable sales as authorized by s. 202.19. The

  2  conversion rates take effect without any action required by

  3  the local government. The conversion rates for local

  4  governments that have not chosen to levy permit fees do not

  5  include the add-ons of up to 0.12 percent for municipalities

  6  and charter counties or of up to 0.24 percent for noncharter

  7  counties authorized pursuant to s. 337.401.

  8

  9  Jurisdiction   County          Conversion      Conversion

10                                 rates for local rates for local

11                                 governments     governments

12                                 that have NOT   that have

13                                 chosen to levy  chosen to levy

14                                 permit fees     permit fees

15

16  ALACHUA        Alachua         4.70%           4.58%

17  Alachua        Alachua         3.80%           3.58%

18  Archer         Alachua         3.10%           2.98%

19  Gainesville    Alachua         4.90%           4.78%

20  Hawthorne      Alachua         1.90%           1.78%

21  High Springs   Alachua         2.60%           2.48%

22  LaCrosse       Alachua         3.30%           3.18%

23  Micanopy       Alachua         2.50%           2.38%

24  Newberry       Alachua         4.20%           4.08%

25  Waldo          Alachua         1.30%           1.18%

26  BAKER          Baker           0.40%           0.40%

27  Glen Saint

28  Mary           Baker           5.30%           5.18%

29  Macclenny      Baker           5.90%           5.78%

30  BAY            Bay             0.00%           0.00%

31  Callaway       Bay             5.10%           4.98%

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Cedar Grove    Bay             4.80%           4.68%

  2  Lynn Haven     Bay             4.90%           4.78%

  3  Mexico Beach   Bay             3.00%           2.88%

  4  Panama City    Bay             4.90%           4.78%

  5  Panama City

  6  Beach          Bay             3.50%           3.38%

  7  Parker         Bay             4.80%           4.68%

  8  Springfield    Bay             4.00%           3.88%

  9  BRADFORD       Bradford        0.50%           0.50%

10  Brooker        Bradford        3.00%           2.88%

11  Hampton        Bradford        2.20%           2.08%

12  Lawtey         Bradford        1.10%           0.98%

13  Starke         Bradford        3.50%           2.88%

14  BREVARD        Brevard         1.30%           1.08%

15  Cape

16  Canaveral      Brevard         4.50%           4.38%

17  Cocoa          Brevard         3.90%           3.78%

18  Cocoa Beach    Brevard         5.10%           4.98%

19  Indialantic    Brevard         6.20%           6.08%

20  Indian

21  Harbour Beach  Brevard         4.00%           3.88%

22  Malabar        Brevard         4.90%           4.78%

23  Melbourne      Brevard         4.90%           4.78%

24  Melbourne

25  Beach          Brevard         4.80%           4.68%

26  Melbourne

27  Village        Brevard         4.10%           3.98%

28  Palm Bay       Brevard         5.00%           4.88%

29  Palm Shores    Brevard         4.80%           4.68%

30  Rockledge      Brevard         4.10%           3.98%

31  Satellite

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Beach          Brevard         1.70%           1.58%

  2  Titusville     Brevard         5.30%           5.18%

  3  West

  4  Melbourne      Brevard         5.40%           5.28%

  5  BROWARD        Broward         4.80%           4.68%

  6  Coconut Creek  Broward         4.70%           4.58%

  7  Cooper City    Broward         4.80%           4.68%

  8  Coral Springs  Broward         5.00%           4.88%

  9  Dania          Broward         5.20%           5.08%

10  Davie          Broward         5.20%           5.08%

11  Deerfield

12  Beach          Broward         1.40%           1.28%

13  Ft.

14  Lauderdale     Broward         5.10%           4.98%

15  Hallandale     Broward         4.80%           4.68%

16  Hillsboro

17  Beach          Broward         1.20%           1.08%

18  Hollywood      Broward         4.80%           4.68%

19  Lauderdale-

20  by-the-Sea     Broward         4.90%           4.78%

21  Lauderdale

22  Lakes          Broward         5.20%           5.08%

23  Lauderhill     Broward         5.10%           4.98%

24  Lazy Lake

25  Village        Broward         0.60%           0.48%

26  Lighthouse

27  Point          Broward         6.10%           5.98%

28  Margate        Broward         5.20%           5.08%

29  Miramar        Broward         5.00%           4.88%

30  North

31  Lauderdale     Broward         3.50%           3.38%

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Oakland Park   Broward         5.30%           5.18%

  2  Parkland       Broward         1.30%           1.18%

  3  Pembroke Park  Broward         4.60%           4.48%

  4  Pembroke

  5  Pines          Broward         5.30%           5.18%

  6  Plantation     Broward         4.60%           4.48%

  7  Pompano Beach  Broward         4.50%           4.38%

  8  Sea Ranch

  9  Lakes          Broward         1.50%           1.38%

10  Southwest

11  Ranches        Broward         4.50%           4.38%

12  Sunrise        Broward         4.60%           4.48%

13  Tamarac        Broward         2.30%           1.58%

14  Weston         Broward         4.90%           4.78%

15  Wilton Manors  Broward         5.50%           5.38%

16  CALHOUN        Calhoun         0.00%           0.00%

17  Altha          Calhoun         4.00%           3.88%

18  Blountstown    Calhoun         1.30%           1.18%

19  CHARLOTTE      Charlotte       1.80%           1.68%

20  Punta Gorda    Charlotte       5.00%           4.88%

21  CITRUS         Citrus          2.00%           2.00%

22  Crystal River  Citrus          5.10%           4.98%

23  Inverness      Citrus          5.20%           5.08%

24  CLAY           Clay            5.80%           5.68%

25  Green Cove

26  Springs        Clay            3.70%           3.58%

27  Keystone

28  Heights        Clay            2.10%           1.98%

29  Orange Park    Clay            0.80%           0.68%

30  Penney Farms   Clay            1.90%           1.78%

31  COLLIER        Collier         2.10%           2.10%

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Everglades     Collier         3.90%           3.58%

  2  Marco Island   Collier         2.30%           1.78%

  3  Naples         Collier         3.30%           3.18%

  4  COLUMBIA       Columbia        1.30%           1.30%

  5  Ft. White      Columbia        0.60%           0.48%

  6  Lake City      Columbia        4.40%           4.28%

  7  DESOTO         Desoto          2.10%           2.10%

  8  Arcadia        Desoto          3.70%           3.58%

  9  DIXIE          Dixie           0.10%           0.10%

10  Cross City     Dixie           2.50%           2.38%

11  Horseshoe

12  Beach          Dixie           6.20%           6.08%

13  DUVAL/Jax      Duval           4.50%           4.38%

14  Atlantic

15  Beach          Duval           5.90%           5.78%

16  Baldwin        Duval           6.10%           5.98%

17  Jacksonville

18  Beach          Duval           4.60%           4.38%

19  Neptune Beach  Duval           4.00%           3.88%

20  ESCAMBIA       Escambia        1.60%           1.60%

21  Century        Escambia        2.10%           1.98%

22  Pensacola      Escambia        5.00%           4.88%

23  FLAGLER        Flagler         0.60%           0.60%

24  Beverly Beach  Flagler         1.80%           1.68%

25  Bunnell        Flagler         2.50%           2.38%

26  Flagler        Flagler &

27  Beach          Volusia         4.90%           4.78%

28  Marineland     Flagler &

29                 St. Johns       0.40%           0.28%

30  Palm Coast     Flagler         1.30%           1.18%

31  FRANKLIN       Franklin        0.90%           0.90%

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Apalachicola   Franklin        3.60%           3.48%

  2  Carrabelle     Franklin        5.70%           5.58%

  3  GADSDEN        Gadsden         0.20%           0.20%

  4  Chattahoochee  Gadsden         1.00%           0.88%

  5  Greensboro     Gadsden         0.00%           0.00%

  6  Gretna         Gadsden         3.90%           3.78%

  7  Havana         Gadsden         0.80%           0.68%

  8  Midway         Gadsden         3.70%           3.58%

  9  Quincy         Gadsden         1.10%           0.98%

10  GILCHRIST      Gilchrist       0.00%           0.00%

11  Bell           Gilchrist       4.50%           4.38%

12  Fanning        Gilchrist &

13  Springs        Levy            5.50%           5.38%

14  Trenton        Gilchrist       3.90%           3.78%

15  GLADES         Glades          0.50%           0.50%

16  Moore Haven    Glades          1.20%           1.08%

17  GULF           Gulf            0.30%           0.30%

18  Port St. Joe   Gulf            3.60%           3.48%

19  Wewahitchka    Gulf            3.60%           3.48%

20  HAMILTON       Hamilton        0.30%           0.30%

21  Jasper         Hamilton        4.80%           4.58%

22  Jennings       Hamilton        1.50%           1.38%

23  White Springs  Hamilton        5.00%           4.88%

24  HARDEE         Hardee          1.10%           1.10%

25  Bowling Green  Hardee          3.20%           3.08%

26  Wauchula       Hardee          5.00%           4.88%

27  Zolfo Springs  Hardee          2.20%           2.08%

28  HENDRY         Hendry          0.70%           0.70%

29  Clewiston      Hendry          3.20%           3.08%

30  La Belle       Hendry          4.10%           3.98%

31  HERNANDO       Hernando        1.40%           1.40%

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Brooksville    Hernando        0.90%           0.78%

  2  Weeki Wachee   Hernando        0.10%           0.00%

  3  HIGHLANDS      Highlands       1.10%           1.10%

  4  Avon Park      Highlands       4.40%           4.28%

  5  Lake Placid    Highlands       0.90%           0.78%

  6  Sebring        Highlands       1.10%           0.78%

  7  HILLSBOROUGH   Hillsborough    2.10%           1.98%

  8  Plant City     Hillsborough    5.60%           5.48%

  9  Tampa          Hillsborough    5.00%           4.88%

10  Temple

11  Terrace        Hillsborough    5.40%           5.28%

12  HOLMES         Holmes          0.20%           0.20%

13  Bonifay        Holmes          5.70%           5.58%

14  Esto           Holmes          0.80%           0.68%

15  Noma           Holmes          0.10%           0.00%

16  Ponce de Leon  Holmes          2.70%           2.58%

17  Westville      Holmes          0.90%           0.78%

18  INDIAN RIVER   Indian River    1.40%           1.40%

19  Fellsmere      Indian River    4.10%           3.98%

20  Indian River

21  Shores         Indian River    2.80%           2.68%

22  Orchid         Indian River    2.10%           1.98%

23  Sebastian      Indian River    3.30%           3.18%

24  Vero Beach     Indian River    5.00%           4.88%

25  JACKSON        Jackson         0.20%           0.20%

26  Alford         Jackson         0.30%           0.18%

27  Bascom         Jackson         1.20%           1.08%

28  Campbellton    Jackson         0.30%           0.18%

29  Cottondale     Jackson         4.30%           4.18%

30  Graceville     Jackson         4.40%           4.28%

31  Grand Ridge    Jackson         0.80%           0.68%

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Greenwood      Jackson         0.40%           0.28%

  2  Jacob City     Jackson         0.00%           0.00%

  3  Malone         Jackson         0.50%           0.38%

  4  Marianna       Jackson         4.00%           3.88%

  5  Sneads         Jackson         3.30%           3.18%

  6  JEFFERSON      Jefferson       0.90%           0.90%

  7  Monticello     Jefferson       4.50%           4.38%

  8  LAFAYETTE      Lafayette       0.00%           0.00%

  9  Mayo           Lafayette       2.00%           1.88%

10  LAKE           Lake            1.70%           1.70%

11  Astatula       Lake            4.40%           4.28%

12  Clermont       Lake            4.70%           4.58%

13  Eustis         Lake            5.10%           4.98%

14  Fruitland

15  Park           Lake            4.70%           4.58%

16  Groveland      Lake            4.90%           4.78%

17  Howey-in-the-

18  Hills          Lake            3.30%           3.18%

19  Lady Lake      Lake            1.40%           1.28%

20  Leesburg       Lake            1.30%           1.18%

21  Mascotte       Lake            3.90%           3.78%

22  Minneola       Lake            3.20%           3.08%

23  Montverde      Lake            1.80%           1.68%

24  Mount Dora     Lake            1.50%           1.18%

25  Tavares        Lake            5.20%           5.08%

26  Umatilla       Lake            3.10%           2.98%

27  LEE            Lee             2.00%           1.88%

28  Bonita

29  Springs        Lee             1.70%           1.58%

30  Cape Coral     Lee             1.50%           1.38%

31  Ft. Myers      Lee             4.70%           4.58%

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Ft. Myers

  2  Beach          Lee             2.20%           2.08%

  3  Sanibel        Lee             2.30%           2.18%

  4  LEON           Leon            1.00%           1.00%

  5  Tallahassee    Leon            4.40%           4.28%

  6  LEVY           Levy            0.00%           0.00%

  7  Bronson        Levy            2.50%           2.38%

  8  Cedar Key      Levy            2.10%           1.98%

  9  Chiefland      Levy            2.70%           2.58%

10  Inglis         Levy            3.50%           3.38%

11  Otter Creek    Levy            0.70%           0.58%

12  Williston      Levy            1.60%           1.48%

13  Yankeetown     Levy            5.60%           5.48%

14  LIBERTY        Liberty         0.60%           0.60%

15  Bristol        Liberty         2.90%           2.78%

16  MADISON        Madison         0.40%           0.40%

17  Greenville     Madison         2.10%           1.98%

18  Lee            Madison         0.50%           0.38%

19  Madison        Madison         4.90%           4.48%

20  MANATEE        Manatee         0.70%           0.70%

21  Anna Maria     Manatee         1.40%           1.28%

22  Bradenton      Manatee         5.40%           5.28%

23  Bradenton

24  Beach          Manatee         5.60%           5.48%

25  Holmes Beach   Manatee         3.50%           3.38%

26  Palmetto       Manatee         5.30%           5.18%

27  Longboat Key   Manatee &

28                 Sarasota        3.20%           3.08%

29  MARION         Marion          0.00%           0.00%

30  Bellview       Marion          0.90%           0.78%

31  Dunnellon      Marion          4.50%           4.38%

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  McIntosh       Marion          1.30%           1.18%

  2  Ocala          Marion          4.80%           4.68%

  3  Reddick        Marion          1.30%           1.18%

  4  MARTIN         Martin          1.30%           1.30%

  5  Jupiter

  6  Island         Martin          0.60%           0.48%

  7  Ocean Breeze

  8  Park           Martin          2.20%           2.08%

  9  Sewalls Point  Martin          2.30%           2.18%

10  Stuart         Martin          4.80%           4.68%

11  MIAMI-DADE     Miami-Dade      4.70%           4.48%

12  Aventura       Miami-Dade      5.20%           5.08%

13  Bal Harbour    Miami-Dade      4.90%           4.78

14  Bay Harbor

15  Islands        Miami-Dade      4.80%           4.68%

16  Biscayne Park  Miami-Dade      4.40%           4.28%

17  Coral Gables   Miami-Dade      4.10%           3.98%

18  El Portal      Miami-Dade      5.60%           5.48%

19  Florida City   Miami-Dade      5.30%           5.18%

20  Golden Beach   Miami-Dade      2.00%           1.88%

21  Hialeah        Miami-Dade      5.00%           4.88%

22  Hialeah

23  Gardens        Miami-Dade      5.10%           4.98%

24  Homestead      Miami-Dade      5.30%           5.18%

25  Indian Creek

26  Village        Miami-Dade      0.70%           0.58%

27  Islandia       Miami-Dade      0.00%           0.00%

28  Key Biscayne   Miami-Dade      4.60%           4.48%

29  Medley         Miami-Dade      6.10%           5.98%

30  Miami          Miami-Dade      4.70%           4.58%

31  Miami Beach    Miami-Dade      4.70%           4.58%

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Miami Shores   Miami-Dade      5.60%           5.48%

  2  Miami Springs  Miami-Dade      3.00%           2.88%

  3  North Bay      Miami-Dade      4.90%           4.78%

  4  North Miami    Miami-Dade      4.80%           4.68%

  5  North Miami

  6  Beach          Miami-Dade      5.00%           4.88%

  7  Opa-Locka      Miami-Dade      3.70%           3.58%

  8  Pinecrest      Miami-Dade      5.40%           5.28%

  9  South Miami    Miami-Dade      4.80%           4.68%

10  Sunny Isles

11  Beach          Miami-Dade      5.00%           4.88%

12  Surfside       Miami-Dade      4.80%           4.68%

13  Sweetwater     Miami-Dade      4.60%           4.48%

14  Virginia

15  Gardens        Miami-Dade      0.40%           0.28%

16  West Miami     Miami-Dade      4.40%           4.28%

17  MONROE         Monroe          1.40%           1.40%

18  Islamorada     Monroe          0.40%           0.00%

19  Key Colony

20  Beach          Monroe          2.40%           2.28%

21  Key West       Monroe          1.50%           1.38%

22  Layton         Monroe          0.00%           0.00%

23  Marathon       Monroe          1.90%           1.58%

24  NASSAU         Nassau          0.70%           0.70%

25  Callahan       Nassau          4.50%           4.38%

26  Fernandina

27  Beach          Nassau          5.00%           4.88%

28  Hilliard       Nassau          3.20%           3.08%

29  OKALOOSA       Okaloosa        0.60%           0.60%

30  Cinco Bayou    Okaloosa        5.00%           4.88%

31  Crestview      Okaloosa        3.50%           3.38%

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Destin         Okaloosa        1.90%           1.78%

  2  Ft. Walton

  3  Beach          Okaloosa        5.50%           5.38%

  4  Laurel Hill    Okaloosa        2.80%           2.68%

  5  Mary Esther    Okaloosa        4.90%           4.78%

  6  Niceville      Okaloosa        5.50%           5.38%

  7  Shalimar       Okaloosa        5.00%           4.88%

  8  Valparaiso     Okaloosa        3.80%           3.68%

  9  OKEECHOBEE     Okeechobee      0.80%           0.80%

10  Okeechobee     Okeechobee      4.50%           4.38%

11  ORANGE         Orange          4.80%           4.58%

12  Apopka         Orange          6.00%           5.88%

13  Bay Lake       Orange          0.00%           0.00%

14  Belle Isle     Orange          1.60%           1.48%

15  Eatonville     Orange          4.30%           4.18%

16  Edgewood       Orange          1.00%           0.88%

17  Lake Buena

18  Vista          Orange          0.00%           0.00%

19  Maitland       Orange          5.10%           4.98%

20  Oakland        Orange          5.00%           4.78%

21  Ocoee          Orange          4.60%           4.28%

22  Orlando        Orange          4.10%           3.88%

23  Windermere     Orange          4.30%           4.18%

24  Winter Garden  Orange          4.30%           4.18%

25  Winter Park    Orange          5.60%           5.48%

26  OSCEOLA        Osceola         5.00%           4.88%

27  Kissimmee      Osceola         4.50%           4.38%

28  St. Cloud      Osceola         5.10%           4.98%

29  PALM BEACH     Palm Beach      4.60%           4.48%

30  Atlantis       Palm Beach      1.10%           0.98%

31  Belle Glade    Palm Beach      5.00%           4.88%

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Boca Raton     Palm Beach      5.30%           5.08%

  2  Boynton Beach  Palm Beach      4.80%           4.68%

  3  Briny Breezes  Palm Beach      3.00%           0.28%

  4  Cloud Lake     Palm Beach      2.20%           2.08%

  5  Delray Beach   Palm Beach      4.40%           4.28%

  6  Glen Ridge     Palm Beach      1.50%           1.38%

  7  Golf Village   Palm Beach      0.60%           0.48%

  8  Golfview       Palm Beach      0.60%           0.48%

  9  Greenacres

10  City           Palm Beach      5.30%           5.18%

11  Gulf Stream    Palm Beach      1.00%           0.88%

12  Haverhill      Palm Beach      1.40%           1.18%

13  Highland

14  Beach          Palm Beach      4.00%           3.88%

15  Hypoluxo       Palm Beach      5.80%           5.68%

16  Juno Beach     Palm Beach      4.70%           4.58%

17  Jupiter        Palm Beach      4.00%           3.88%

18  Jupiter Inlet

19  Colony         Palm Beach      1.90%           1.78%

20  Lake Clarke

21  Shores         Palm Beach      1.50%           1.38%

22  Lake Park      Palm Beach      5.20%           5.08%

23  Lake Worth     Palm Beach      4.80%           4.68%

24  Lantana        Palm Beach      5.30%           5.18%

25  Manalapan      Palm Beach      1.60%           1.48%

26  Mangonia Park  Palm Beach      5.50%           5.38%

27  North Palm

28  Beach          Palm Beach      5.10%           4.88%

29  Ocean Ridge    Palm Beach      1.00%           0.88%

30  Pahokee        Palm Beach      4.20%           4.08%

31  Palm Beach     Palm Beach      4.50%           4.38%

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Palm Beach

  2  Gardens        Palm Beach      1.10%           0.98%

  3  Palm Beach

  4  Shores         Palm Beach      5.40%           5.28%

  5  Palm Springs   Palm Beach      5.20%           5.08%

  6  Riviera Beach  Palm Beach      4.50%           4.38%

  7  Royal Palm

  8  Beach          Palm Beach      4.90%           4.78%

  9  South Bay      Palm Beach      5.10%           4.98%

10  South Palm

11  Beach          Palm Beach      5.60%           5.48%

12  Tequesta

13  Village        Palm Beach      4.10%           3.98%

14  Wellington     Palm Beach      5.10%           4.98%

15  West Palm

16  Beach          Palm Beach      5.30%           5.18%

17  PASCO          Pasco           1.50%           1.50%

18  Dade City      Pasco           4.90%           4.78%

19  New Port

20  Richey         Pasco           5.50%           5.38%

21  Port Richey    Pasco           0.90%           0.78%

22  Saint Leo      Pasco           1.00%           0.88%

23  San Antonio    Pasco           0.80%           0.68%

24  Zephyrhills    Pasco           5.40%           5.28%

25  PINELLAS       Pinellas        1.80%           1.68%

26  Belleair       Pinellas        1.60%           1.48%

27  Belleair

28  Beach          Pinellas        6.00%           5.88%

29  Belleair

30  Bluffs         Pinellas        2.00%           1.88%

31  Belleair

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Shore          Pinellas        2.40%           2.28%

  2  Clearwater     Pinellas        5.00%           4.88%

  3  Dunedin        Pinellas        5.20%           5.08%

  4  Gulfport       Pinellas        6.00%           5.88%

  5  Indian Rocks

  6  Beach          Pinellas        2.30%           2.18%

  7  Indian Shores  Pinellas        2.60%           2.48%

  8  Kenneth City   Pinellas        1.30%           1.18%

  9  Largo          Pinellas        5.50%           5.38%

10  Madeira Beach  Pinellas        5.60%           5.48%

11  North

12  Redington

13  Beach          Pinellas        1.70%           1.58%

14  Oldsmar        Pinellas        5.70%           5.58%

15  Pinellas Park  Pinellas        5.40%           5.28%

16  Redington

17  Beach          Pinellas        5.40%           5.28%

18  Redington

19  Shores         Pinellas        1.10%           0.98%

20  Safety Harbor  Pinellas        6.40%           5.88%

21  St. Pete

22  Beach          Pinellas        5.70%           5.58%

23  St.

24  Petersburg     Pinellas        5.50%           5.38%

25  Seminole       Pinellas        5.10%           4.98%

26  South

27  Pasadena       Pinellas        5.60%           5.48%

28  Tarpon

29  Springs        Pinellas        5.60%           5.48%

30  Treasure

31  Island         Pinellas        2.20%           2.08%

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  POLK           Polk            2.70%           2.58%

  2  Auburndale     Polk            4.30%           4.18%

  3  Bartow         Polk            6.00%           5.28%

  4  Davenport      Polk            3.40%           3.28%

  5  Dundee         Polk            5.60%           5.48%

  6  Eagle Lake     Polk            5.30%           5.18%

  7  Ft. Meade      Polk            5.20%           4.58%

  8  Frostproof     Polk            5.20%           5.08%

  9  Haines City    Polk            5.10%           4.98%

10  Highland Park  Polk            0.00%           0.00%

11  Hillcrest

12  Heights        Polk            1.10%           0.98%

13  Lake Alfred    Polk            4.50%           4.38%

14  Lake Hamilton  Polk            3.60%           3.48%

15  Lake Wales     Polk            4.40%           4.28%

16  Lakeland       Polk            5.20%           5.08%

17  Mulberry       Polk            3.10%           2.98%

18  Polk City      Polk            2.80%           2.68%

19  Winter Haven   Polk            6.20%           6.08%

20  PUTNAM         Putnam          1.20%           1.20%

21  Crescent City  Putnam          4.30%           4.18%

22  Interlachen    Putnam          1.60%           1.48%

23  Palatka        Putnam          5.00%           4.88%

24  Pomona Park    Putnam          2.90%           2.78%

25  Welaka         Putnam          2.50%           2.38%

26  SANTA ROSA     Santa Rosa      1.50%           1.50%

27  Gulf Breeze    Santa Rosa      1.10%           0.98%

28  Jay            Santa Rosa      1.30%           1.18%

29  Milton         Santa Rosa      5.70%           5.58%

30  SARASOTA       Sarasota        4.70%           4.58%

31  North Port     Sarasota        5.60%           5.48%

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Sarasota       Sarasota        5.20%           5.08%

  2  Venice         Sarasota        5.00%           4.88%

  3  SEMINOLE       Seminole        2.90%           2.68%

  4  Altamonte

  5  Springs        Seminole        4.80%           4.68%

  6  Casselberry    Seminole        5.30%           5.18%

  7  Lake Mary      Seminole        4.10%           3.98%

  8  Longwood       Seminole        5.40%           5.28%

  9  Oviedo         Seminole        4.30%           4.18%

10  Sanford        Seminole        4.70%           4.58%

11  Winter

12  Springs        Seminole        5.80%           5.68%

13  ST. JOHNS      St. Johns       1.20%           1.20%

14  Hastings       St. Johns       1.50%           1.38%

15  St. Augustine  St. Johns       4.50%           4.38%

16  St. Augustine

17  Beach          St. Johns       4.50%           4.38%

18  ST. LUCIE      St. Lucie       1.20%           1.20%

19  Ft. Pierce     St. Lucie       4.50%           4.38%

20  Port St.

21  Lucie          St. Lucie       1.50%           1.38%

22  St. Lucie

23  Village        St. Lucie       1.60%           1.48%

24  SUMTER         Sumter          0.70%           0.70%

25  Bushnell       Sumter          5.00%           4.88%

26  Center Hill    Sumter          4.30%           4.18%

27  Coleman        Sumter          3.90%           3.78%

28  Webster        Sumter          3.10%           2.98%

29  Wildwood       Sumter          3.60%           3.48%

30  SUWANNEE       Suwannee        0.40%           0.40%

31  Branford       Suwannee        4.60%           4.48%

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                           CS for SB 1878
    314-1762A-01




  1  Live Oak       Suwannee        5.60%           5.48%

  2  TAYLOR         Taylor          1.10%           1.10%

  3  Perry          Taylor          5.50%           5.38%

  4  UNION          Union           0.40%           0.40%

  5  Lake Butler    Union           2.30%           2.18%

  6  Raiford        Union           0.00%           0.00%

  7  Worthington

  8  Springs        Union           0.00%           0.00%

  9  VOLUSIA        Volusia         3.90%           3.78%

10  Daytona Beach  Volusia         4.60%           4.48%

11  Daytona Beach

12  Shores         Volusia         5.10%           4.98%

13  DeBary         Volusia         4.40%           4.28%

14  DeLand         Volusia         4.20%           4.08%

15  Deltona        Volusia         6.10%           5.98%

16  Edgewater      Volusia         4.80%           4.68%

17  Holly Hill     Volusia         4.20%           4.08%

18  Lake Helen     Volusia         2.00%           1.88%

19  New Smyrna

20  Beach          Volusia         4.00%           3.88%

21  Oak Hill       Volusia         3.50%           3.38%

22  Orange City    Volusia         4.50%           4.38%

23  Ormond Beach   Volusia         4.90%           4.78%

24  Pierson        Volusia         1.10%           0.98%

25  Ponce Inlet    Volusia         5.30%           5.18%

26  Port Orange    Volusia         4.70%           4.58%

27  South Daytona  Volusia         5.60%           5.48%

28  WAKULLA        Wakulla         0.80%           0.80%

29  St. Marks      Wakulla         0.00%           0.00%

30  Sopchoppy      Wakulla         1.20%           1.08%

31  WALTON         Walton          0.70%           0.70%

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  1  DeFuniak

  2  Springs        Walton          4.70%           4.58%

  3  Freeport       Walton          1.30%           1.18%

  4  Paxton         Walton          2.60%           2.48%

  5  WASHINGTON     Washington      0.20%           0.20%

  6  Caryville      Washington      1.00%           0.88%

  7  Chipley        Washington      5.30%           5.18%

  8  Ebro           Washington      0.60%           0.48%

  9  Vernon         Washington      5.40%           5.28%

10  Wausau         Washington      1.70%           1.58%

11

12         (c)  Notwithstanding the rates provided by paragraph

13  (b), the following local communications services tax

14  conversion rates shall take effect upon the expiration of

15  existing franchise agreements which provide for fees in excess

16  of those authorized by s. 337.401. The conversion rates for

17  local governments that have not chosen to levy permit fees do

18  not include the add-ons of up to 0.12 percent for

19  municipalities and charter counties or of up to 0.24 percent

20  for noncharter counties authorized pursuant to s. 337.401.

21

22  Jurisdiction County   Conversion     Conversion     Effective

23                        rates for      rates for      date of

24                        local          local          new rates

25                        governments    governments

26                        that have NOT  that have

27                        chosen to      chosen to

28                        levy permit    levy permit

29                        fees           fees

30

31

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  1  Indialantic  Brevard     5.80%         5.68%        January 1,

  2                                                      2014

  3  Titusville   Brevard     5.00%         4.88%        January 1,

  4                                                      2014

  5  Punta Gorda  Charlotte   4.90%         4.78%        January 1,

  6                                                      2009

  7  Miami        Miami-Dade  4.30%         4.18%        August 1,

  8                                                      2006

  9  Valparaiso   Okaloosa    3.20%         3.08%        August 1,

10                                                      2003

11  Dade City    Pasco       4.50%         4.38%        January

12                                                      1,2011

13  Palatka      Putnam      4.70%         4.58%        September

14                                                      1, 2003

15

16         (a)  On or before December 31, 2000, the Revenue

17  Estimating Conference shall compute for each municipality and

18  county the rate of local communications services tax which

19  would be required to be levied under s. 202.19(1) in order for

20  such local taxing jurisdiction to raise in calendar year 1999,

21  through the imposition of a local communications services tax,

22  revenues equal to the sum of:

23         1.  The amount of revenues estimated to have been

24  received in calendar year 1999 based on the revenues that were

25  actually received from the replaced revenue sources in the

26  fiscal year ending September 30, 1999, adjusted to reflect the

27  growth reasonably estimated to have occurred in the final

28  quarter of calendar year 1999; and

29         2.  An amount representing the revenues the

30  jurisdiction would have received from the replaced revenue

31  sources during the month immediately preceding the month in

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  1  which local taxing jurisdictions receive their first

  2  distributions of revenues under this chapter.

  3

  4  In computing the amounts in subparagraphs 1. and 2., the

  5  Revenue Estimating Conference shall consider, to the maximum

  6  extent practicable, changes in local replaced revenues, other

  7  than changes due to normal growth, and shall adjust the

  8  amounts in subparagraphs 1. and 2. accordingly.

  9         (b)  The rates computed by the Revenue Estimating

10  Conference shall be presented to the Legislature for review

11  and approval during the 2001 Regular Session. The rates

12  approved by the Legislature under this subsection shall be

13  effective in the respective local taxing jurisdictions on

14  October 1, 2001, without any action being taken by the

15  governing authority or voters of such local taxing

16  jurisdictions. The rate computed and approved pursuant to this

17  subsection shall be reduced on October 1, 2002, by that

18  portion of the rate which was necessary to recoup the 1 month

19  of foregone revenues addressed in subparagraph (a)2.

20         (2)(a)1.(c)  With respect to any local taxing

21  jurisdiction, if, for the periods ending December 31, 2001;

22  March 31, 2002; June 30, 2002; or September 30, 2002, the

23  revenues received by that local government from the local

24  communications services tax imposed under subsection (1) s.

25  202.19(1) are less than the revenues received from the

26  replaced revenue sources for the corresponding 2000-2001

27  period; plus reasonably anticipated growth in such revenues

28  over the preceding 1-year period, based on the average growth

29  of such revenues over the immediately preceding 5-year period;

30  plus an amount representing the revenues from the replaced

31  revenue sources for the 1-month period that the local taxing

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  1  jurisdiction was required to forego, the governing authority

  2  may adjust the rate of the local communications services tax

  3  upward to the extent necessary to generate the entire

  4  shortfall in revenues within 1 year after the rate adjustment

  5  and by an amount necessary to generate the expected amount of

  6  revenue on an ongoing basis.

  7         2.  If complete data are not available at the time of

  8  determining whether the revenues received by a local

  9  government from the local communications services tax imposed

10  under subsection (1) are less than the revenues received from

11  the replaced revenue sources for the corresponding 2000-2001

12  period, as set forth in subparagraph 1., the local government

13  shall use the best data available for the corresponding

14  2000-2001 period in making such determination.

15         3.  The adjustment permitted under subparagraph 1. may

16  be made by emergency ordinance or resolution and may be made

17  notwithstanding the maximum rate established under s.

18  202.19(2) subsection (2) and notwithstanding any schedules or

19  timeframes or any other limitations contained in this chapter.

20  The emergency ordinance or resolution shall specify an

21  effective date for the adjusted rate, which shall be no less

22  than 60 90 days after the date of adoption of the ordinance or

23  resolution and shall be effective with respect to taxable

24  services included on bills that are dated on the first day of

25  a month subsequent to the expiration of the 60-day period. At

26  the end of 1 that year following the effective date of such

27  adjusted rate, the local governing authority shall, as soon as

28  is consistent with s. 202.21, reduce the rate by that portion

29  of the emergency rate which was necessary to recoup the amount

30  of revenues not received prior to the implementation of the

31  emergency rate.

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  1         (2)(a)  On or before December 31, 2000, the Revenue

  2  Estimating Conference shall compute, in accordance with this

  3  paragraph, the maximum rates at which local taxing

  4  jurisdictions shall be permitted to impose local

  5  communications services taxes under s. 202.19(1).

  6         1.  A single maximum rate shall apply to all

  7  municipalities and charter counties, and another single

  8  maximum rate shall apply to all other counties.

  9         2.  Each respective maximum rate, when applied to the

10  services taxed pursuant to this chapter, shall be calculated

11  to produce the revenues which could have been generated from

12  the replaced revenue sources, assuming that all local taxing

13  jurisdictions had imposed every replaced revenue source in the

14  manner and at the rate that would have produced the greatest

15  amount of revenues.

16         (b)  The rates computed by the Revenue Estimating

17  Conference shall be presented to the Legislature for review

18  and approval during the 2001 Regular Session. The rates

19  approved by the Legislature pursuant to this subsection shall

20  be the maximum rates for purposes of s. 202.19(1).

21         (3)(a)  Each person who provides communications

22  services shall include as part of the August 2000 return due

23  pursuant to chapter 212 on or before September 20, 2000, the

24  information set forth in this paragraph, in a format

25  prescribed by the department. Returns shall contain data for

26  calendar year 1999 that may include, but are not limited to,

27  remittances of replaced revenue sources for each local taxing

28  jurisdiction and an estimate of the revenue from

29  communications services that will be taxable pursuant to this

30  chapter for each local taxing jurisdiction. Such data may also

31  include, on an aggregated statewide basis, each person's

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  1  statewide sales taxable under chapter 203, taxable sales under

  2  s. 212.05(1)(e), and estimates for sales exempt under s.

  3  212.08(7)(j) and exempt sales to governmental and other exempt

  4  entities under chapter 212.

  5         (b)  All information furnished to the department under

  6  this subsection shall be available to all local taxing

  7  jurisdictions. Such taxpayer information shall remain subject

  8  to s. 213.053. Such data may not be disclosed or used by local

  9  taxing jurisdictions for any purpose other than to review the

10  validity of data and the calculations made pursuant to this

11  subsection.

12         (c)  For each replaced revenue source, each county and

13  each municipality shall provide the following data to the

14  Department of Revenue on or before September 30, 2000:

15         1.  The rate of the levy for calendar year 1999.

16         2.  The amount of revenues received during fiscal year

17  1998-1999 and, if known, the 1999 calendar year.

18         3.  A description of the revenue base or taxable

19  services.

20         4.  The name and federal employer identification number

21  of each taxpayer.

22         5.  For the purpose of assisting the Revenue Estimating

23  Conference in the computations required by this section, any

24  other relevant information, including, but not limited to,

25  changes in the rate of replaced revenues or imposition of

26  additional replaced revenues subsequent to September 30, 1999.

27         (d)  The department shall provide technical assistance

28  to the Revenue Estimating Conference and compile and analyze

29  the information submitted pursuant to this subsection in the

30  manner requested by the Revenue Estimating Conference.

31

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  1         (b)(4)  Except as otherwise provided in this

  2  subsection, "replaced revenue sources," as used in this

  3  section, means the following taxes, charges, fees, or other

  4  impositions to the extent that the respective local taxing

  5  jurisdictions were authorized to impose them prior to July 1,

  6  2000.

  7         1.(a)  With respect to municipalities and charter

  8  counties and the taxes authorized by s. 202.19(1):

  9         a.1.  The public service tax on telecommunications

10  authorized by s. 166.231(9).

11         b.2.  Franchise fees on cable service providers as

12  authorized by 47 U.S.C. s. 542.

13         c.3.  The public service tax on prepaid calling

14  arrangements.

15         d.4.  Franchise fees on dealers of communications

16  services which use the public roads or rights-of-way, up to

17  the limit set forth in s. 337.401. For purposes of calculating

18  rates under this section, it is the legislative intent that

19  charter counties be treated as having had the same authority

20  as municipalities to impose franchise fees on recurring local

21  telecommunication service revenues prior to July 1, 2000.

22  However, the Legislature recognizes that the authority of

23  charter counties to impose such fees is in dispute, and the

24  treatment provided in this section is not an expression of

25  legislative intent that charter counties actually do or do not

26  possess such authority.

27         e.5.  Actual permit fees relating to placing or

28  maintaining facilities in or on public roads or rights-of-way,

29  collected from providers of long-distance, cable, and mobile

30  communications services for the fiscal year ending September

31  30, 1999; however, if a municipality or charter county elects

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  1  the option to charge permit fees pursuant to s.

  2  337.401(3)(c)1.a., such fees shall not be included as a

  3  replaced revenue source.

  4         2.(b)  With respect to all other counties and the taxes

  5  authorized in s. 202.19(1), franchise fees on cable service

  6  providers as authorized by 47 U.S.C. s. 542.

  7         (3)(5)  For any county or school board that levies a

  8  discretionary surtax under s. 212.055, the rate of such tax on

  9  communications services as authorized by s. 202.19(5) shall be

10  as follows:

11

12  County       .5%             1%                 1.5%

13               Discretionary   Discretionary      Discretionary

14               surtax          surtax             surtax

15               conversion      conversion         conversion

16               rates           rates              rates

17

18  Alachua        0.3%           0.6%                0.8%

19  Baker          0.3%           0.5%                0.8%

20  Bay            0.3%           0.5%                0.8%

21  Bradford       0.3%           0.6%                0.8%

22  Brevard        0.3%           0.6%                0.9%

23  Broward        0.3%           0.5%                0.8%

24  Calhoun        0.3%           0.5%                0.8%

25  Charlotte      0.3%           0.6%                0.9%

26  Citrus         0.3%           0.6%                0.9%

27  Clay           0.3%           0.6%                0.8%

28  Collier        0.4%           0.7%                1.0%

29  Columbia       0.3%           0.6%                0.9%

30  Dade           0.3%           0.5%                0.8%

31  Desoto         0.3%           0.6%                0.8%

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  1  Dixie          0.3%           0.5%                0.8%

  2  Duval          0.3%           0.6%                0.8%

  3  Escambia       0.3%           0.6%                0.9%

  4  Flagler        0.4%           0.7%                1.0%

  5  Franklin       0.3%           0.6%                0.9%

  6  Gadsden        0.3%           0.5%                0.8%

  7  Gilchrist      0.3%           0.5%                0.7%

  8  Glades         0.3%           0.6%                0.8%

  9  Gulf           0.3%           0.5%                0.8%

10  Hamilton       0.3%           0.6%                0.8%

11  Hardee         0.3%           0.5%                0.8%

12  Hendry         0.3%           0.6%                0.9%

13  Hernando       0.3%           0.6%                0.9%

14  Highlands      0.3%           0.6%                0.9%

15  Hillsborough   0.3%           0.6%                0.8%

16  Holmes         0.3%           0.6%                0.8%

17  Indian River   0.3%           0.6%                0.9%

18  Jackson        0.3%           0.5%                0.7%

19  Jefferson      0.3%           0.5%                0.8%

20  Lafayette      0.3%           0.5%                0.7%

21  Lake           0.3%           0.6%                0.9%

22  Lee            0.3%           0.6%                0.9%

23  Leon           0.3%           0.6%                0.8%

24  Levy           0.3%           0.5%                0.8%

25  Liberty        0.3%           0.6%                0.8%

26  Madison        0.3%           0.5%                0.8%

27  Manatee        0.3%           0.6%                0.8%

28  Marion         0.3%           0.5%                0.8%

29  Martin         0.3%           0.6%                0.8%

30  Monroe         0.3%           0.6%                0.9%

31  Nassau         0.3%           0.6%                0.8%

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  1  Okaloosa       0.3%           0.6%                0.8%

  2  Okeechobee     0.3%           0.6%                0.9%

  3  Orange         0.3%           0.5%                0.8%

  4  Osceola        0.3%           0.5%                0.8%

  5  Palm Beach     0.3%           0.6%                0.8%

  6  Pasco          0.3%           0.6%                0.9%

  7  Pinellas       0.3%           0.6%                0.9%

  8  Polk           0.3%           0.6%                0.8%

  9  Putnam         0.3%           0.6%                0.8%

10  St. Johns      0.3%           0.6%                0.8%

11  St. Lucie      0.3%           0.6%                0.8%

12  Santa Rosa     0.3%           0.6%                0.9%

13  Sarasota       0.3%           0.6%                0.9%

14  Seminole       0.3%           0.6%                0.8%

15  Sumter         0.3%           0.5%                0.8%

16  Suwannee       0.3%           0.6%                0.8%

17  Taylor         0.3%           0.6%                0.9%

18  Union          0.3%           0.5%                0.8%

19  Volusia        0.3%           0.6%                0.8%

20  Wakulla        0.3%           0.6%                0.9%

21  Walton         0.3%           0.6%                0.9%

22  Washington     0.3%           0.5%                0.8%

23

24

25  However, the discretionary sales surtax rate on communications

26  services for a county or school board levying a combined rate

27  which is not listed in the table provided by this subsection

28  shall be calculated by averaging or adding the appropriate

29  rates from the table and rounding up to the nearest tenth of a

30  percent. multiplied by a factor to determine the applicable

31  rate of tax under s. 202.19(5). The Revenue Estimating

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  1  Conference shall compute the factor on or before December 31,

  2  2000. The factor shall be calculated such that any rate

  3  applied under s. 202.19(5) will produce substantially the same

  4  tax revenues as the corresponding rate levied on

  5  telecommunication services under s. 212.055 during the year

  6  ending September 30, 1999. The factor shall be calculated to

  7  three decimal places, and the tax rates calculated by applying

  8  the factor for purposes of s. 202.19(5) shall be rounded up to

  9  the nearest one-tenth percent. The factor shall be presented

10  to the Legislature for review and approval during the 2001

11  Regular Session.

12         (6)  For purposes of calculating the appropriate value

13  of the replaced revenue under subparagraph (4)(a)2. and

14  paragraph (4)(b), and in conjunction with the study required

15  by this act, the Revenue Estimating Conference may include in

16  its computation any adjustment necessary to include the value

17  of any in-kind requirements, institutional networks, and

18  contributions for, or in support of, the use or construction

19  of public, educational, or governmental access facilities

20  allowed under federal law.

21         (7)(a)  The provisions of this subsection shall apply

22  only with respect to the initial tax rate of a local taxing

23  jurisdiction which on October 1, 2001, is entitled to receive

24  from any dealer of communications services fees in excess of

25  the applicable limitation set forth in s. 337.401, as such

26  section existed prior to the effective date of this section,

27  pursuant to an agreement with such dealer of communications

28  services in effect on such date.

29         (b)  Immediately upon the expiration of an agreement

30  described in paragraph (a), the rate determined under

31  subsection (1), as it applies to such local taxing

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  1  jurisdiction, shall automatically be reduced by the portion of

  2  such rate representing the difference between the fees

  3  actually received by the taxing jurisdiction pursuant to the

  4  agreement described in paragraph (a) for the fiscal year

  5  ending September 30, 1999, and the fees that such jurisdiction

  6  would have received for such period under the applicable

  7  limitation set forth in s. 337.401, as such section existed

  8  prior to the effective date of this section.

  9         Section 13.  (1)  Notwithstanding any provision of

10  chapter 202, Florida Statutes, to the contrary, any

11  municipality or county that has a local communications

12  services tax rate established under s. 202.20, Florida

13  Statutes, which is less than the maximum rate established

14  under s. 202.19, Florida Statutes, may by resolution or

15  ordinance increase the local communications services tax rate

16  established under s. 202.20, Florida Statutes, up to the

17  maximum rate established under s. 202.19, Florida Statutes,

18  with such increased rate to be effective October 1, 2001. The

19  municipality or county shall notify the department of such

20  increased rate by certified mail postmarked on or before July

21  16, 2001.

22         (2)  This section shall take effect upon this act

23  becoming a law.

24         Section 14.  Section 202.21, Florida Statutes, is

25  amended to read:

26         202.21  Effective dates; procedures for informing

27  dealers of communications services of tax levies and rate

28  changes.--Any adoption, repeal, or change in the rate of a

29  local communications services tax imposed under s. 202.19 is

30  effective with respect to taxable services included on bills

31  that are dated on or after the January 1 subsequent to such

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  1  adoption, repeal, or change. A municipality or county

  2  adopting, repealing, or changing the rate of such tax must

  3  notify the department of the adoption, repeal, or change by

  4  September 1 immediately preceding such January 1. Notification

  5  must be furnished on a form prescribed by the department and

  6  must specify the rate of tax; the effective date of the

  7  adoption, repeal, or change thereof; and the name, mailing

  8  address, and telephone number of a person designated by the

  9  municipality or county to respond to inquiries concerning the

10  tax. The department shall provide notice of such adoption,

11  repeal, or change to all affected dealers of communications

12  services at least 90 days before the effective date of the

13  tax. Any local government that adjusts the rate of its local

14  communications services tax by emergency ordinance or

15  resolution pursuant to s. 202.20(2)(1)(c) shall notify the

16  department of the new tax rate immediately upon its adoption.

17  The department shall provide written notice of the adoption of

18  the new rate to all affected dealers within 30 days after

19  receiving such notice. In any notice to providers or

20  publication of local tax rates for purposes of this chapter,

21  the department shall express the rate for a municipality or

22  charter county as the sum of the tax rates levied within such

23  jurisdiction pursuant to s. 202.19(2)(a) and (5), and shall

24  express the rate for any other county as the sum of the tax

25  rates levied pursuant to s. 202.19(2)(b) and (5). The

26  department is not liable for any loss of or decrease in

27  revenue by reason of any error, omission, or untimely action

28  that results in the nonpayment of a tax imposed under s.

29  202.19.

30         Section 15.  Paragraph (c) of subsection (1), paragraph

31  (b) of subsection (2), and paragraphs (b) and (c) of

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  1  subsection (3) of section 202.22, Florida Statutes, are

  2  amended, paragraph (g) is added to subsection (3) of that

  3  section, and paragraph (b) of subsection (4) and paragraph (b)

  4  of subsection (6) of that section are amended, to read:

  5         202.22  Determination of local tax situs.--

  6         (1)  A dealer of communications services who is

  7  obligated to collect and remit a local communications services

  8  tax imposed under s. 202.19 shall be held harmless from any

  9  liability, including tax, interest, and penalties, which would

10  otherwise be due solely as a result of an assignment of a

11  service address to an incorrect local taxing jurisdiction, if

12  the dealer of communications services exercises due diligence

13  in applying one or more of the following methods for

14  determining the local taxing jurisdiction in which a service

15  address is located:

16         (c)1.  Employing enhanced zip codes to assign each

17  street address, address range, post office box, or post office

18  box range in the dealer's service area to a specific local

19  taxing jurisdiction.

20         2.  If an enhanced zip code overlaps boundaries of

21  municipalities or counties, or if an enhanced zip code cannot

22  be assigned to the service address because the service address

23  is in a rural area or a location without postal delivery, the

24  dealer of communications services or its database vendor shall

25  assign the affected service addresses to one specific local

26  taxing jurisdiction within such zip code based on a reasonable

27  methodology. A methodology satisfies this subparagraph

28  paragraph if the information used to assign service addresses

29  is obtained by the dealer or its database vendor from:

30         a.1.  A database provided by the department;

31

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  1         b.2.  A database certified by the department under

  2  subsection (3);

  3         c.3.  Responsible representatives of the relevant local

  4  taxing jurisdictions; or

  5         d.4.  The United States Census Bureau or the United

  6  States Postal Service.

  7         (2)

  8         (b)1.  Each local taxing jurisdiction shall furnish to

  9  the department all information needed to create and update the

10  electronic database, including changes in service addresses,

11  annexations, incorporations, reorganizations, and any other

12  changes in jurisdictional boundaries. The information

13  furnished to the department must specify an effective date,

14  which must be the next ensuing January 1 or July 1, and such

15  information must be furnished to the department at least 120

16  days prior to the effective date. However, the requirement

17  that counties submit information pursuant to this paragraph

18  shall be subject to appropriation.

19         2.  The department shall update the electronic database

20  in accordance with the information furnished by local taxing

21  jurisdictions under subparagraph 1. Each update must specify

22  the effective date as the next ensuing January 1 or July 1 and

23  must be posted by the department on a website not less than 90

24  days prior to the effective date. The department shall also

25  furnish the update on magnetic or electronic media to any

26  dealer of communications services or vendor who requests the

27  update on such media. However, the department may collect a

28  fee from the dealer of communications services which does not

29  exceed the actual cost of furnishing the update on magnetic or

30  electronic media.

31

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  1         3.  Each update must identify the additions, deletions,

  2  and other changes to the preceding version of the database.

  3  Each dealer of communications services shall be required to

  4  collect and remit local communications services taxes imposed

  5  under this chapter only for those service addresses that are

  6  contained in the database and for which all of the elements

  7  required by this subsection are included in the database.

  8         (3)  For purposes of this section, a database must be

  9  certified by the department pursuant to rules that implement

10  the following criteria and procedures:

11         (b)  Upon receipt of an application for certification

12  or recertification of a database, the provisions of s. 120.60

13  shall apply, except that the department shall examine the

14  application and, within 90 days after receipt, notify the

15  applicant of any apparent errors or omissions and request any

16  additional information, conduct any inspection, or perform any

17  testing determined necessary. The applicant shall designate an

18  individual responsible for providing access to all records,

19  facilities, and processes the department determines are

20  reasonably necessary to review, inspect, or test to and make a

21  determination regarding the application. Such access must be

22  provided within 10 working days after notification.

23         (c)  The application must be in the form prescribed by

24  rule and must include the applicant's name, federal employer

25  identification number, mailing address, business address, and

26  any other information required by the department. The

27  application may request that the applicant identify must

28  identify, among other elements required by the department, the

29  applicant's proposal for testing the database.

30         (g)  Notwithstanding any provision of law to the

31  contrary, if a dealer submits an application for certification

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  1  on or before the later of October 1, 2001, or the date which

  2  is 30 days after the date on which the applicable department

  3  rule becomes effective, and such application is neither

  4  approved nor denied within the time period set forth in

  5  paragraph (d):

  6         1.  For purposes of computing the amount of the

  7  deduction to which such dealer is entitled under s. 202.28,

  8  the dealer shall be deemed to have used a certified database

  9  pursuant to paragraph (1)(b), until such time as the

10  application for certification is denied.

11         2.  In the event that such application is approved,

12  such approval shall be deemed to have been effective on the

13  date of the application or October 1, 2001, whichever is

14  later.

15         (4)

16         (b)  Notwithstanding any law to the contrary, a dealer

17  of communications services is exercising due diligence in

18  applying one or more of the methods set forth in subsection

19  (1) if the dealer:

20         1.  Expends reasonable resources to accurately and

21  reliably implement such method. However, the employment of

22  enhanced zip codes pursuant to paragraph (1)(c) satisfies the

23  requirements of this subparagraph; and

24         2.  Maintains adequate internal controls in assigning

25  street addresses, address ranges, post offices boxes, and post

26  office box ranges to taxing jurisdictions. Internal controls

27  are adequate if the dealer of communications services:

28         a.  Maintains and follows procedures to obtain and

29  implement periodic and consistent updates to the database at

30  least once every 6 months; and

31

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  1         b.  Corrects errors in the assignments of service

  2  addresses to local taxing jurisdictions within 120 days after

  3  the dealer discovers such errors.

  4         (6)

  5         (b)  Notwithstanding s. 202.28, if a dealer of

  6  communications services employs a method of assigning service

  7  addresses other than as set forth in paragraph (1)(a),

  8  paragraph (1)(b), or paragraph (1)(c), the deduction allowed

  9  to the dealer of communications services as compensation under

10  s. 202.28 shall be 0.25 percent of that portion of the tax due

11  and accounted for and remitted to the department which is

12  attributable to such method of assigning service addresses

13  other than as set forth in paragraph (1)(a), paragraph (1)(b),

14  or paragraph (1)(c).

15         Section 16.  Subsection (8) is added to section 202.23,

16  Florida Statutes, to read:

17         202.23  Procedure on purchaser's request for refund or

18  credit of communications services taxes.--

19         (8)(a)  Subject to the provisions of s. 213.756, if it

20  appears, upon examination of a communications services tax

21  return made under this chapter, or upon proof submitted to the

22  department by the dealer, that an amount of communications

23  services tax has been paid in excess of the amount due, the

24  department may refund the amount of the overpayment to the

25  dealer. The department may refund the overpayment without

26  regard to whether the dealer has filed a written claim for

27  refund; however, the department may require the dealer to file

28  a statement affirming that the dealer made the overpayment.

29  Prior to issuing a refund pursuant to this subsection, the

30  department shall notify the dealer of its intent to issue such

31

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  1  refund, the amount of such refund, and the reason for such

  2  refund.

  3         (b)  Notwithstanding the provisions of paragraph (a), a

  4  refund of communications services tax shall not be made, and

  5  no action for a refund may be brought by a dealer or other

  6  person, after the applicable period set forth in s. 215.26(2)

  7  has elapsed.

  8         (c)  If, after the issuance of a refund by the

  9  department pursuant to this subsection, the department

10  determines that the amount of such refund exceeds the amount

11  legally due to the dealer, the provisions of s. 202.35

12  concerning penalties and interest shall not apply if, within

13  60 days of receiving notice of such determination, the dealer

14  reimburses the department the amount of such excess.

15         Section 17.  Section 202.231, Florida Statutes, is

16  created to read:

17         202.231  Provision of information to local taxing

18  jurisdictions.--

19         (1)  The department shall provide a monthly report to

20  each jurisdiction imposing the tax authorized by s. 202.19.

21  Each report shall contain the following information for the

22  jurisdiction which is receiving the report: the name and other

23  information necessary to identify each dealer providing

24  service in the jurisdiction, including each dealer's federal

25  employer identification number; the gross taxable sales

26  reported by each dealer; the amount of the dealer's collection

27  allowance; and any adjustments specified on the return,

28  including audit assessments or refunds, and interest or

29  penalties, affecting the net tax from each dealer which is

30  being remitted to the jurisdiction.  The report shall total

31  the net amount transferred to the jurisdiction, showing the

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  1  net taxes remitted by dealers less the administrative fees

  2  deducted by the department.

  3         (2)  Monthly reports shall be transmitted by the

  4  department to each municipality and county through a secure

  5  electronic mail system or by other suitable written or

  6  electronic means.

  7         Section 18.  Subsection (2) of section 202.24, Florida

  8  Statutes, is amended to read:

  9         202.24  Limitations on local taxes and fees imposed on

10  dealers of communications services.--

11         (2)(a)  Except as provided in paragraph (c), each

12  public body is prohibited from:

13         1.  Levying on or collecting from dealers or purchasers

14  of communications services any tax, charge, fee, or other

15  imposition on or with respect to the provision or purchase of

16  communications services.

17         2.  Requiring any dealer of communications services to

18  enter into or extend the term of a franchise or other

19  agreement that requires the payment of a tax, charge, fee, or

20  other imposition.

21         3.  Adopting or enforcing any provision of any

22  ordinance or agreement to the extent that such provision

23  obligates a dealer of communications services to charge,

24  collect, or pay to the public body a tax, charge, fee, or

25  other imposition.

26

27  Each municipality and county retains authority to negotiate

28  all terms and conditions of a cable service franchise allowed

29  by federal and state law except those terms and conditions

30  related to franchise fees and the definition of gross revenues

31  or other definitions or methodologies related to the payment

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  1  or assessment of franchise fees on providers of cable

  2  services.

  3         (b)  For purposes of this subsection, a tax, charge,

  4  fee, or other imposition includes any amount or in-kind

  5  payment of property or services which is required by ordinance

  6  or agreement to be paid or furnished to a public body by or

  7  through a dealer of communications services in its capacity as

  8  a dealer of communications services, regardless of whether

  9  such amount or in-kind payment of property or services is:

10         1.  Designated as a sales tax, excise tax, subscriber

11  charge, franchise fee, user fee, privilege fee, occupancy fee,

12  rental fee, license fee, pole fee, tower fee, base-station

13  fee, or other tax or fee;

14         2.  Measured by the amounts charged or received for

15  services, regardless of whether such amount is permitted or

16  required to be separately stated on the customer's bill, by

17  the type or amount of equipment or facilities deployed, or by

18  other means; or

19         3.  Intended as compensation for the use of public

20  roads or rights-of-way, for the right to conduct business, or

21  for other purposes.

22         (c)  This subsection does not apply to:

23         1.  Local communications services taxes levied under

24  this chapter.

25         2.  Ad valorem taxes levied pursuant to chapter 200.

26         3.  Occupational license taxes levied under chapter

27  205.

28         4.  "911" service charges levied under chapter 365.

29         5.  Amounts charged for the rental or other use of

30  property owned by a public body which is not in the public

31  rights-of-way to a dealer of communications services for any

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  1  purpose, including, but not limited to, the placement or

  2  attachment of equipment used in the provision of

  3  communications services.

  4         6.  Permit fees of general applicability which are not

  5  related to placing or maintaining facilities in or on public

  6  roads or rights-of-way.

  7         7.  Permit fees related to placing or maintaining

  8  facilities in or on public roads or rights-of-way pursuant to

  9  s. 337.401.

10         8.  Any in-kind requirements, institutional networks,

11  or contributions for, or in support of, the use or

12  construction of public, educational, or governmental access

13  facilities allowed under federal law and imposed on providers

14  of cable service pursuant to any ordinance or agreement.

15  Nothing in this subparagraph shall prohibit the ability of

16  providers of cable service to recover such expenses as allowed

17  under federal law.  This subparagraph shall be reviewed by the

18  Legislature during the 2001 legislative session in conjunction

19  with the study required by this act.

20         9.  Special assessments and impact fees.

21         10.  Pole attachment fees that are charged by a local

22  government for attachments to utility poles owned by the local

23  government.

24         11.  Utility service fees or other similar user fees

25  for utility services.

26         12.  Any other generally applicable tax, fee, charge,

27  or imposition authorized by general law on July 1, 2000, which

28  is not specifically prohibited by this subsection or included

29  as a replaced revenue source in s. 202.20.

30         Section 19.  Paragraph (i) of subsection (3) of section

31  202.26, Florida Statutes, is repealed.

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  1         Section 20.  Subsection (3) of section 202.27, Florida

  2  Statutes, is amended to read:

  3         202.27  Return filing; rules for self-accrual.--

  4         (3)  The department shall accept returns, except those

  5  required to be initiated through an electronic data

  6  interchange, as timely if postmarked on or before the 20th day

  7  of the month; if the 20th day falls on a Saturday, Sunday, or

  8  federal or state legal holiday, returns are timely if

  9  postmarked on the next succeeding workday. Any dealer who

10  makes sales of any nature in two or more locations for which

11  returns are required to be filed with the department and who

12  maintains records for such locations in a central office or

13  place may, on each reporting date, file one return for all

14  such places of business in lieu of separate returns for each

15  location; however, the return must clearly indicate the

16  amounts collected within each location. Each dealer shall file

17  a return for each tax period even though no tax is due for

18  such period.

19         Section 21.  Subsection (1) of section 202.28, Florida

20  Statutes, is amended to read:

21         202.28  Credit for collecting tax; penalties.--

22         (1)  Except as otherwise provided in s. 202.22, for the

23  purpose of compensating persons providing communications

24  services for the keeping of prescribed records, the filing of

25  timely tax returns, and the proper accounting and remitting of

26  taxes, persons collecting taxes imposed under this chapter and

27  under s. 203.01(1)(a)2. shall be allowed to deduct 0.75

28  percent of the amount of the tax due and accounted for and

29  remitted to the department.

30

31

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  1         (a)  The collection allowance may not be granted, nor

  2  may any deduction be permitted, if the required tax return or

  3  tax is delinquent at the time of payment.

  4         (b)  The department may deny the collection allowance

  5  if a taxpayer files an incomplete return.

  6         1.  For the purposes of this chapter, a return is

  7  incomplete if it is lacking such uniformity, completeness, and

  8  arrangement that the physical handling, verification, review

  9  of the return, or determination of other taxes and fees

10  reported on the return can not be readily accomplished.

11         2.  The department shall adopt rules requiring the

12  information that it considers necessary to ensure that the

13  taxes levied or administered under this chapter are properly

14  collected, reviewed, compiled, reported, and enforced,

15  including, but not limited to, rules requiring the reporting

16  of the amount of gross sales; the amount of taxable sales; the

17  amount of tax collected or due; the amount of lawful refunds,

18  deductions, or credits claimed; the amount claimed as the

19  dealer's collection allowance; the amount of penalty and

20  interest; and the amount due with the return.

21         (c)  The collection allowance and other credits or

22  deductions provided in this chapter shall be applied to the

23  taxes reported for the jurisdiction previously credited with

24  the tax paid.

25         Section 22.  Paragraph (a) of subsection (1) of section

26  202.37, Florida Statutes, is amended to read:

27         202.37  Special rules for administration of local

28  communications services tax.--

29         (1)(a)  Except as otherwise provided in this section,

30  all statutory provisions and administrative rules applicable

31  to the communications services tax imposed by s. 202.12 apply

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  1  to any local communications services tax imposed under s.

  2  202.19, and the department shall administer, collect, and

  3  enforce all taxes imposed under s. 202.19, including interest

  4  and penalties attributable thereto, in accordance with the

  5  same procedures used in the administration, collection, and

  6  enforcement of the communications services tax imposed by s.

  7  202.12.  Audits performed by the department shall include a

  8  determination of the dealer's compliance with the

  9  jurisdictional situsing of its customers' service addresses

10  and a determination of whether the rate collected for the

11  local tax pursuant to ss. 202.19 and 202.20 is correct. The

12  person or entity designated by a local government pursuant to

13  s. 213.053(7)(u) may provide evidence to the department

14  demonstrating a specific person's failure to fully or

15  correctly report taxable communication services sales within

16  the jurisdiction. The department may request additional

17  information from the designee to assist in any review. The

18  department shall inform the designee of what action, if any,

19  the department intends to take regarding the person.

20         Section 23.  Section 202.38, Florida Statutes, is

21  created to read:

22         202.38  Special rules for bad debts and adjustments

23  under previous taxes.--

24         (1)(a)1.  Any dealer who has paid the tax imposed by

25  chapter 212 on telecommunications services billed prior to

26  October 1, 2001, which are no longer subject to such tax as a

27  result of chapter 2000-260, Laws of Florida, may take a credit

28  or obtain a refund of the state communications services tax

29  imposed under this chapter on unpaid balances due on worthless

30  accounts within 12 months following the last day of the

31

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  1  calendar year for which the bad debt was charged off on the

  2  taxpayer's federal income tax return.

  3         2.  Any dealer who has paid a local public service tax

  4  levied pursuant to chapter 166 on telecommunications services

  5  billed prior to October 1, 2001, which are no longer subject

  6  to such tax as a result of chapter 2000-260, Laws of Florida,

  7  may take a credit or obtain a refund of the local

  8  communications services tax imposed by such jurisdiction on

  9  unpaid balances due on worthless accounts within 12 months

10  following the last day of the calendar year for which the bad

11  debt was charged off on the taxpayer's federal income tax

12  return.

13         (b)  If any account for which a credit or refund has

14  been received under this section is then in whole or in part

15  paid to the dealer, the amount paid must be included in the

16  first communications services tax return filed after such

17  receipt and the applicable state and local communications

18  services tax paid accordingly.

19         (c)  Bad debts associated with accounts receivable

20  which have been assigned or sold with recourse are eligible

21  upon reassignment for inclusion by the dealer in the credit or

22  refund authorized by this section.

23         (2)(a)  If any dealer would have been entitled to an

24  adjustment of the tax imposed by chapter 212 on

25  telecommunications services billed prior to October 1, 2001,

26  which are no longer subject to such tax as a result of chapter

27  2000-260, Laws of Florida, such dealer may take a credit or

28  obtain a refund of the state communications services tax

29  imposed under this chapter.

30         (b)  If any dealer would have been entitled to an

31  adjustment of a local public service tax levied pursuant to

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  1  chapter 166 on telecommunications services billed prior to

  2  October 1, 2001, which are no longer subject to such tax as a

  3  result of chapter 2000-260, Laws of Florida, such dealer may

  4  take a credit or obtain a refund of the local communications

  5  services tax imposed by such jurisdiction pursuant to this

  6  chapter.

  7         (3)  Credits and refunds of the tax imposed by chapter

  8  203 attributable to bad debts or adjustments with respect to

  9  telecommunications services billed prior to October 1, 2001,

10  shall be governed by the applicable provisions of this

11  chapter.

12         (4)  Notwithstanding any provision of law to the

13  contrary, the refunds and credits allowed by this section

14  shall be subject to audit by the state and the respective

15  local taxing jurisdictions in any audit of the taxes to which

16  such refunds and credits relate.

17         Section 24.  Section 202.381, Florida Statutes, is

18  created to read:

19         202.381  Transition from previous taxes.--The

20  department is directed to implement the tax changes contained

21  in this act, and in chapter 2000-260, Laws of Florida, in a

22  manner that ensures that any request or action under existing

23  statutes and rules, including, but not limited to, a claim for

24  a credit or refund of an overpayment of tax, audits in

25  progress, and protests of tax, penalty, or interest initiated

26  before October 1, 2001, shall apply, to the fullest extent

27  possible, to any tax that replaces an existing tax that is

28  repealed effective October 1, 2001. It is the intent of the

29  Legislature that a person not be subject to an adverse

30  administrative action solely due to the tax changes that take

31  effect October 1, 2001.

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  1         Section 25.  Paragraphs (a) and (b) of subsection (1)

  2  of section 203.01, Florida Statutes, as amended by chapter

  3  2000-260, Laws of Florida, are amended to read:

  4         203.01  Tax on gross receipts for utility and

  5  communications services.--

  6         (1)(a)1.  Every person that receives payment for any

  7  utility service shall report by the last day of each month to

  8  the Department of Revenue, under oath of the secretary or some

  9  other officer of such person, the total amount of gross

10  receipts derived from business done within this state, or

11  between points within this state, for the preceding month and,

12  at the same time, shall pay into the State Treasury an amount

13  equal to a percentage of such gross receipts at the rate set

14  forth in paragraph (b).  Such collections shall be certified

15  by the Comptroller upon the request of the State Board of

16  Education.

17         2.  A tax is levied on communications services as

18  defined in s. 202.11(3). Such tax shall be applied to the same

19  services and transactions as are subject to taxation under

20  chapter 202, and to communications services that are subject

21  to the exemption provided in s. 202.125(1). Such tax shall be

22  applied to the sales price of communications services when

23  sold at retail and to the actual cost of operating substitute

24  communications systems, as such terms are defined in s.

25  202.11, shall be due and payable at the same time as the taxes

26  imposed pursuant to chapter 202, and shall be administered and

27  collected pursuant to the provisions of chapter 202.

28         (b)  The rate applied to utility services shall be 2.5

29  percent. The rate applied to communications services shall be

30  2.36 percent the rate calculated pursuant to s. 44, chapter

31  2000-260, Laws of Florida.

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  1         Section 26.  Paragraph (a) of subsection (1) of section

  2  212.031, Florida Statutes, as amended by section 53 of chapter

  3  2000-260, Laws of Florida, is amended to read:

  4         212.031  Lease or rental of or license in real

  5  property.--

  6         (1)(a)  It is declared to be the legislative intent

  7  that every person is exercising a taxable privilege who

  8  engages in the business of renting, leasing, letting, or

  9  granting a license for the use of any real property unless

10  such property is:

11         1.  Assessed as agricultural property under s. 193.461.

12         2.  Used exclusively as dwelling units.

13         3.  Property subject to tax on parking, docking, or

14  storage spaces under s. 212.03(6).

15         4.  Recreational property or the common elements of a

16  condominium when subject to a lease between the developer or

17  owner thereof and the condominium association in its own right

18  or as agent for the owners of individual condominium units or

19  the owners of individual condominium units. However, only the

20  lease payments on such property shall be exempt from the tax

21  imposed by this chapter, and any other use made by the owner

22  or the condominium association shall be fully taxable under

23  this chapter.

24         5.  A public or private street or right-of-way and

25  poles, conduits, fixtures, and similar improvements located on

26  such streets or rights-of-way, occupied or used by a utility

27  or provider of communications services, as defined in s.

28  212.11, franchised cable television company for utility or

29  communications or television purposes. For purposes of this

30  subparagraph, the term "utility" means any person providing

31  utility services as defined in s. 203.012. This exception also

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  1  applies to property, wherever located, on which the following

  2  are placed: towers, antennas, cables, accessory structures, or

  3  equipment, not including switching equipment, used in the

  4  provision of mobile communications services as defined in s.

  5  202.11. For purposes of this chapter, towers used in the

  6  provision of mobile communications services, as defined in s.

  7  202.11, are considered to be fixtures.

  8         6.  A public street or road which is used for

  9  transportation purposes.

10         7.  Property used at an airport exclusively for the

11  purpose of aircraft landing or aircraft taxiing or property

12  used by an airline for the purpose of loading or unloading

13  passengers or property onto or from aircraft or for fueling

14  aircraft.

15         8.a.  Property used at a port authority, as defined in

16  s. 315.02(2), exclusively for the purpose of oceangoing

17  vessels or tugs docking, or such vessels mooring on property

18  used by a port authority for the purpose of loading or

19  unloading passengers or cargo onto or from such a vessel, or

20  property used at a port authority for fueling such vessels, or

21  to the extent that the amount paid for the use of any property

22  at the port is based on the charge for the amount of tonnage

23  actually imported or exported through the port by a tenant.

24         b.  The amount charged for the use of any property at

25  the port in excess of the amount charged for tonnage actually

26  imported or exported shall remain subject to tax except as

27  provided in sub-subparagraph a.

28         9.  Property used as an integral part of the

29  performance of qualified production services.  As used in this

30  subparagraph, the term "qualified production services" means

31  any activity or service performed directly in connection with

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  1  the production of a qualified motion picture, as defined in s.

  2  212.06(1)(b), and includes:

  3         a.  Photography, sound and recording, casting, location

  4  managing and scouting, shooting, creation of special and

  5  optical effects, animation, adaptation (language, media,

  6  electronic, or otherwise), technological modifications,

  7  computer graphics, set and stage support (such as

  8  electricians, lighting designers and operators, greensmen,

  9  prop managers and assistants, and grips), wardrobe (design,

10  preparation, and management), hair and makeup (design,

11  production, and application), performing (such as acting,

12  dancing, and playing), designing and executing stunts,

13  coaching, consulting, writing, scoring, composing,

14  choreographing, script supervising, directing, producing,

15  transmitting dailies, dubbing, mixing, editing, cutting,

16  looping, printing, processing, duplicating, storing, and

17  distributing;

18         b.  The design, planning, engineering, construction,

19  alteration, repair, and maintenance of real or personal

20  property including stages, sets, props, models, paintings, and

21  facilities principally required for the performance of those

22  services listed in sub-subparagraph a.; and

23         c.  Property management services directly related to

24  property used in connection with the services described in

25  sub-subparagraphs a. and b.

26

27  This exemption will inure to the taxpayer upon presentation of

28  the certificate of exemption issued to the taxpayer under the

29  provisions of s. 288.1258.

30         10.  Leased, subleased, licensed, or rented to a person

31  providing food and drink concessionaire services within the

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  1  premises of a convention hall, exhibition hall, auditorium,

  2  stadium, theater, arena, civic center, performing arts center,

  3  publicly owned recreational facility, or any business operated

  4  under a permit issued pursuant to chapter 550.  A person

  5  providing retail concessionaire services involving the sale of

  6  food and drink or other tangible personal property within the

  7  premises of an airport shall be subject to tax on the rental

  8  of real property used for that purpose, but shall not be

  9  subject to the tax on any license to use the property.  For

10  purposes of this subparagraph, the term "sale" shall not

11  include the leasing of tangible personal property.

12         11.  Property occupied pursuant to an instrument

13  calling for payments which the department has declared, in a

14  Technical Assistance Advisement issued on or before March 15,

15  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

16  Florida Administrative Code; provided that this subparagraph

17  shall only apply to property occupied by the same person

18  before and after the execution of the subject instrument and

19  only to those payments made pursuant to such instrument,

20  exclusive of renewals and extensions thereof occurring after

21  March 15, 1993.

22         12.  Rented, leased, subleased, or licensed to a

23  concessionaire by a convention hall, exhibition hall,

24  auditorium, stadium, theater, arena, civic center, performing

25  arts center, or publicly owned recreational facility, during

26  an event at the facility, to be used by the concessionaire to

27  sell souvenirs, novelties, or other event-related products.

28  This subparagraph applies only to that portion of the rental,

29  lease, or license payment which is based on a percentage of

30  sales and not based on a fixed price.

31

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  1         13.  Property used or occupied predominantly for space

  2  flight business purposes. As used in this subparagraph, "space

  3  flight business" means the manufacturing, processing, or

  4  assembly of a space facility, space propulsion system, space

  5  vehicle, satellite, or station of any kind possessing the

  6  capacity for space flight, as defined by s. 212.02(23), or

  7  components thereof, and also means the following activities

  8  supporting space flight: vehicle launch activities, flight

  9  operations, ground control or ground support, and all

10  administrative activities directly related thereto. Property

11  shall be deemed to be used or occupied predominantly for space

12  flight business purposes if more than 50 percent of the

13  property, or improvements thereon, is used for one or more

14  space flight business purposes. Possession by a landlord,

15  lessor, or licensor of a signed written statement from the

16  tenant, lessee, or licensee claiming the exemption shall

17  relieve the landlord, lessor, or licensor from the

18  responsibility of collecting the tax, and the department shall

19  look solely to the tenant, lessee, or licensee for recovery of

20  such tax if it determines that the exemption was not

21  applicable.

22         Section 27.  Effective July 1, 2003, paragraph (a) of

23  subsection (1) of section 212.031, Florida Statutes, is

24  amended to read:

25         212.031  Lease or rental of or license in real

26  property.--

27         (1)(a)  It is declared to be the legislative intent

28  that every person is exercising a taxable privilege who

29  engages in the business of renting, leasing, letting, or

30  granting a license for the use of any real property unless

31  such property is:

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  1         1.  Assessed as agricultural property under s. 193.461.

  2         2.  Used exclusively as dwelling units.

  3         3.  Property subject to tax on parking, docking, or

  4  storage spaces under s. 212.03(6).

  5         4.  Recreational property or the common elements of a

  6  condominium when subject to a lease between the developer or

  7  owner thereof and the condominium association in its own right

  8  or as agent for the owners of individual condominium units or

  9  the owners of individual condominium units. However, only the

10  lease payments on such property shall be exempt from the tax

11  imposed by this chapter, and any other use made by the owner

12  or the condominium association shall be fully taxable under

13  this chapter.

14         5.  A public or private street or right-of-way and

15  poles, conduits, fixtures, and similar improvements located on

16  such streets or rights-of-way, occupied or used by a utility

17  or provider of communications services, as defined in s.

18  212.11, franchised cable television company for utility or

19  communications or television purposes. For purposes of this

20  subparagraph, the term "utility" means any person providing

21  utility services as defined in s. 203.012. This exception also

22  applies to property, wherever located, on which the following

23  are placed: towers, antennas, cables, accessory structures, or

24  equipment, not including switching equipment, used in the

25  provision of mobile communications services as defined in s.

26  202.11. For purposes of this chapter, towers used in the

27  provision of mobile communications services, as defined in s.

28  202.11, are considered to be fixtures.

29         6.  A public street or road which is used for

30  transportation purposes.

31

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  1         7.  Property used at an airport exclusively for the

  2  purpose of aircraft landing or aircraft taxiing or property

  3  used by an airline for the purpose of loading or unloading

  4  passengers or property onto or from aircraft or for fueling

  5  aircraft.

  6         8.a.  Property used at a port authority, as defined in

  7  s. 315.02(2), exclusively for the purpose of oceangoing

  8  vessels or tugs docking, or such vessels mooring on property

  9  used by a port authority for the purpose of loading or

10  unloading passengers or cargo onto or from such a vessel, or

11  property used at a port authority for fueling such vessels, or

12  to the extent that the amount paid for the use of any property

13  at the port is based on the charge for the amount of tonnage

14  actually imported or exported through the port by a tenant.

15         b.  The amount charged for the use of any property at

16  the port in excess of the amount charged for tonnage actually

17  imported or exported shall remain subject to tax except as

18  provided in sub-subparagraph a.

19         9.  Property used as an integral part of the

20  performance of qualified production services.  As used in this

21  subparagraph, the term "qualified production services" means

22  any activity or service performed directly in connection with

23  the production of a qualified motion picture, as defined in s.

24  212.06(1)(b), and includes:

25         a.  Photography, sound and recording, casting, location

26  managing and scouting, shooting, creation of special and

27  optical effects, animation, adaptation (language, media,

28  electronic, or otherwise), technological modifications,

29  computer graphics, set and stage support (such as

30  electricians, lighting designers and operators, greensmen,

31  prop managers and assistants, and grips), wardrobe (design,

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  1  preparation, and management), hair and makeup (design,

  2  production, and application), performing (such as acting,

  3  dancing, and playing), designing and executing stunts,

  4  coaching, consulting, writing, scoring, composing,

  5  choreographing, script supervising, directing, producing,

  6  transmitting dailies, dubbing, mixing, editing, cutting,

  7  looping, printing, processing, duplicating, storing, and

  8  distributing;

  9         b.  The design, planning, engineering, construction,

10  alteration, repair, and maintenance of real or personal

11  property including stages, sets, props, models, paintings, and

12  facilities principally required for the performance of those

13  services listed in sub-subparagraph a.; and

14         c.  Property management services directly related to

15  property used in connection with the services described in

16  sub-subparagraphs a. and b.

17

18  This exemption will inure to the taxpayer upon presentation of

19  the certificate of exemption issued to the taxpayer under the

20  provisions of s. 288.1258.

21

22         10.  Leased, subleased, licensed, or rented to a person

23  providing food and drink concessionaire services within the

24  premises of a convention hall, exhibition hall, auditorium,

25  stadium, theater, arena, civic center, performing arts center,

26  publicly owned recreational facility, or any business operated

27  under a permit issued pursuant to chapter 550.  A person

28  providing retail concessionaire services involving the sale of

29  food and drink or other tangible personal property within the

30  premises of an airport shall be subject to tax on the rental

31  of real property used for that purpose, but shall not be

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  1  subject to the tax on any license to use the property.  For

  2  purposes of this subparagraph, the term "sale" shall not

  3  include the leasing of tangible personal property.

  4         11.  Property occupied pursuant to an instrument

  5  calling for payments which the department has declared, in a

  6  Technical Assistance Advisement issued on or before March 15,

  7  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  8  Florida Administrative Code; provided that this subparagraph

  9  shall only apply to property occupied by the same person

10  before and after the execution of the subject instrument and

11  only to those payments made pursuant to such instrument,

12  exclusive of renewals and extensions thereof occurring after

13  March 15, 1993.

14         12.  Property used or occupied predominantly for space

15  flight business purposes. As used in this subparagraph, "space

16  flight business" means the manufacturing, processing, or

17  assembly of a space facility, space propulsion system, space

18  vehicle, satellite, or station of any kind possessing the

19  capacity for space flight, as defined by s. 212.02(23), or

20  components thereof, and also means the following activities

21  supporting space flight: vehicle launch activities, flight

22  operations, ground control or ground support, and all

23  administrative activities directly related thereto. Property

24  shall be deemed to be used or occupied predominantly for space

25  flight business purposes if more than 50 percent of the

26  property, or improvements thereon, is used for one or more

27  space flight business purposes. Possession by a landlord,

28  lessor, or licensor of a signed written statement from the

29  tenant, lessee, or licensee claiming the exemption shall

30  relieve the landlord, lessor, or licensor from the

31  responsibility of collecting the tax, and the department shall

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  1  look solely to the tenant, lessee, or licensee for recovery of

  2  such tax if it determines that the exemption was not

  3  applicable.

  4         Section 28.  Effective upon this act becoming a law,

  5  paragraph (c) of subsection (3) of section 337.401, Florida

  6  Statutes, as amended by section 50 of chapter 2000-260, Laws

  7  of Florida, is amended to read:

  8         337.401  Use of right-of-way for utilities subject to

  9  regulation; permit; fees.--

10         (3)

11         (c)1.  It is the intention of the state to treat all

12  providers of communications services that use or occupy

13  municipal or charter county roads or rights-of-way for the

14  provision of communications services in a nondiscriminatory

15  and competitively neutral manner with respect to the payment

16  of permit fees. Certain providers of communications services

17  have been granted by general law the authority to offset

18  permit fees against franchise or other fees while other

19  providers of communications services have not been granted

20  this authority. In order to treat all providers of

21  communications services in a nondiscriminatory and

22  competitively neutral manner with respect to the payment of

23  permit fees, each municipality and charter county shall make

24  an election under either sub-subparagraph a. or

25  sub-subparagraph b. and must inform the Department of Revenue

26  of the election by certified mail by July 16 1, 2001. Such

27  election shall take effect October 1, 2001.

28         a.(I)  The municipality or charter county may require

29  and collect permit fees from any providers of communications

30  services that use or occupy municipal or county roads or

31  rights-of-way. All fees permitted under this sub-subparagraph

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  1  must be reasonable and commensurate with the direct and actual

  2  cost of the regulatory activity, including issuing and

  3  processing permits, plan reviews, physical inspection, and

  4  direct administrative costs; must be demonstrable; and must be

  5  equitable among users of the roads or rights-of-way. A fee

  6  permitted under this sub-subparagraph may not: be offset

  7  against the tax imposed under chapter 202; include the costs

  8  of roads or rights-of-way acquisition or roads or

  9  rights-of-way rental; include any general administrative,

10  management, or maintenance costs of the roads or

11  rights-of-way; or be based on a percentage of the value or

12  costs associated with the work to be performed on the roads or

13  rights-of-way. In an action to recover amounts due for a fee

14  not permitted under this sub-subparagraph, the prevailing

15  party may recover court costs and attorney's fees at trial and

16  on appeal. In addition to the limitations set forth in this

17  section, a fee levied by a municipality or charter county

18  under this sub-subparagraph may not exceed $100. However,

19  permit fees may not be imposed with respect to permits that

20  may be required for service drop lines not required to be

21  noticed under s. 556.108(5)(b) or for any activity that does

22  not require the physical disturbance of the roads or

23  rights-of-way or does not impair access to or full use of the

24  roads or rights-of-way.

25         (II)  To ensure competitive neutrality among providers

26  of communications services, for any municipality or charter

27  county that elects to exercise its authority to require and

28  collect permit fees under this sub-subparagraph, the rate of

29  the local communications services tax imposed by such

30  jurisdiction, as computed under s. 202.20(1) and (2), shall

31  automatically be reduced by a rate of 0.12 percent.

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  1         b.  Alternatively, the municipality or charter county

  2  may elect not to require and collect permit fees from any

  3  provider of communications services that uses or occupies

  4  municipal or charter county roads or rights-of-way for the

  5  provision of communications services; however, each

  6  municipality or charter county that elects to operate under

  7  this sub-subparagraph retains all authority to establish rules

  8  and regulations for providers of communications services to

  9  use or occupy roads or rights-of-way as provided in this

10  section. If a municipality or charter county elects to operate

11  under this sub-subparagraph, the total rate for the local

12  communications services tax as computed under s. 202.20(1) and

13  (2) for that municipality or charter county may be increased

14  by ordinance or resolution by an amount not to exceed a rate

15  of 0.12 percent. If a municipality or charter county elects to

16  increase its rate effective October 1, 2001, the municipality

17  or charter county shall inform the department of such

18  increased rate by certified mail postmarked on or before July

19  16, 2001.

20         c.  A municipality or charter county that does not make

21  an election as provided for in this subparagraph shall be

22  presumed to have elected to operate under the provisions of

23  sub-subparagraph b.

24         2.  Each noncharter county shall make an election under

25  either sub-subparagraph a. or sub-subparagraph b. and shall

26  inform the Department of Revenue of the election by certified

27  mail by July 16 1, 2001. Such election shall take effect

28  October 1, 2001.

29         a.  The noncharter county may elect to require and

30  collect permit fees from any providers of communications

31  services that use or occupy noncharter county roads or

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  1  rights-of-way. All fees permitted under this sub-subparagraph

  2  must be reasonable and commensurate with the direct and actual

  3  cost of the regulatory activity, including issuing and

  4  processing permits, plan reviews, physical inspection, and

  5  direct administrative costs; must be demonstrable; and must be

  6  equitable among users of the roads or rights-of-way. A fee

  7  permitted under this sub-subparagraph may not: be offset

  8  against the tax imposed under chapter 202; include the costs

  9  of roads or rights-of-way acquisition or roads or

10  rights-of-way rental; include any general administrative,

11  management, or maintenance costs of the roads or

12  rights-of-way; or be based on a percentage of the value or

13  costs associated with the work to be performed on the roads or

14  rights-of-way. In an action to recover amounts due for a fee

15  not permitted under this sub-subparagraph, the prevailing

16  party may recover court costs and attorney's fees at trial and

17  on appeal. In addition to the limitations set forth in this

18  section, a fee levied by a noncharter county under this

19  sub-subparagraph may not exceed $100. However, permit fees may

20  not be imposed with respect to permits that may be required

21  for service drop lines not required to be noticed under s.

22  556.108(5)(b) or for any activity that does not require the

23  physical disturbance of the roads or rights-of-way or does not

24  impair access to or full use of the roads or rights-of-way.

25         b.  Alternatively, the noncharter county may elect not

26  to require and collect permit fees from any provider of

27  communications services that uses or occupies noncharter

28  county roads or rights-of-way for the provision of

29  communications services; however, each noncharter county that

30  elects to operate under this sub-subparagraph shall retain all

31  authority to establish rules and regulations for providers of

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  1  communications services to use or occupy roads or

  2  rights-of-way as provided in this section. If a noncharter

  3  county elects to operate under this sub-subparagraph, the

  4  total rate for the local communications services tax as

  5  computed under s. 202.20(1) and (2) for that noncharter county

  6  may be increased by ordinance or resolution by an amount not

  7  to exceed a rate of 0.24 percent, to replace the revenue the

  8  noncharter county would otherwise have received from permit

  9  fees for providers of communications services. If a noncharter

10  county elects to increase its rate effective October 1, 2001,

11  the noncharter county shall inform the department of such

12  increased rate by certified mail postmarked on or before July

13  16, 2001.

14         c.  A noncharter county that does not make an election

15  as provided for in this subparagraph shall be presumed to have

16  elected to operate under the provisions of sub-subparagraph b.

17         3.  Except as provided in this paragraph,

18  municipalities and counties retain all existing authority to

19  require and collect permit fees from users or occupants of

20  municipal or county roads or rights-of-way and to set

21  appropriate permit fee amounts.

22         Section 29.  Paragraphs (f) and (g) of subsection (3)

23  of section 337.401, Florida Statutes, as amended by section 51

24  of chapter 2000-260, Laws of Florida, are repealed, paragraphs

25  (a), (b), (c), (e), and (h) of that subsection are amended,

26  new paragraphs (j) and (k) are added to that subsection, and

27  subsections (4) and (5) of that section are amended, to read:

28         337.401  Use of right-of-way for utilities subject to

29  regulation; permit; fees.--

30         (3)(a)1.  Because of the unique circumstances

31  applicable to providers of communications services, including,

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  1  but not limited to, the circumstances described in paragraph

  2  (e) and the fact that federal and state law require the

  3  nondiscriminatory treatment of providers of telecommunications

  4  services, and because of the desire to promote competition

  5  among providers of communications services, it is the intent

  6  of the Legislature that municipalities and counties treat

  7  providers of communications services in a nondiscriminatory

  8  and competitively neutral manner when imposing rules or

  9  regulations governing the placement or maintenance of

10  communications facilities in the public roads or

11  rights-of-way. Rules or regulations imposed by a municipality

12  or county relating to providers of communications services

13  placing or maintaining communications facilities in its roads

14  or rights-of-way must be generally applicable to all providers

15  of communications services and, notwithstanding any other law,

16  may not require a provider of communications services, except

17  as otherwise provided in subparagraph 2. paragraph (f), to

18  apply for or enter into an individual license, franchise, or

19  other agreement with the municipality or county as a condition

20  of placing or maintaining communications facilities in its

21  roads or rights-of-way. In addition to other reasonable rules

22  or regulations that a municipality or county may adopt

23  relating to the placement or maintenance of communications

24  facilities in its roads or rights-of-way under this

25  subsection, a municipality or county may require a provider of

26  communications services that places or seeks to place

27  facilities in its roads or rights-of-way to register with the

28  municipality or county and to provide the name of the

29  registrant; the name, address, and telephone number of a

30  contact person for the registrant; the number of the

31  registrant's current certificate of authorization issued by

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  1  the Florida Public Service Commission or the Federal

  2  Communications Commission; and proof of insurance or

  3  self-insuring status adequate to defend and cover claims.

  4  Nothing in this subparagraph is intended to limit or expand

  5  any existing zoning or land use authority of a municipality or

  6  county; however, no such zoning or land use authority may

  7  require an individual license, franchise, or other agreement

  8  as prohibited by this subparagraph.

  9         2.  Notwithstanding the provisions of subparagraph 1.,

10  a municipality or county may, as provided by 47 U.S.C. s. 541,

11  award one or more franchises within its jurisdiction for the

12  provision of cable service, and a provider of cable service

13  shall not provide cable service without such franchise. Each

14  municipality and county retains authority to negotiate all

15  terms and conditions of a cable service franchise allowed by

16  federal law and s. 166.046, except those terms and conditions

17  related to franchise fees and the definition of gross revenues

18  or other definitions or methodologies related to the payment

19  or assessment of franchise fees and permit fees as provided in

20  paragraph (c) on providers of cable services. A municipality

21  or county may exercise its right to require from providers of

22  cable service in-kind requirements, including, but not limited

23  to, institutional networks, and contributions for, or in

24  support of, the use or construction of public, educational, or

25  governmental access facilities to the extent permitted by

26  federal law. A provider of cable service may exercise its

27  right to recover any such expenses associated with such

28  in-kind requirements, to the extent permitted by federal law.

29         (b)  Registration described in subparagraph (a)1. does

30  not establish a right to place or maintain or priority for the

31  placement or maintenance of a communications facility in roads

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  1  or rights-of-way of a municipality or county. Each

  2  municipality and county retains the authority to regulate and

  3  manage municipal and county roads or rights-of-way in

  4  exercising its police power. Any rules or regulations adopted

  5  by a municipality or county which govern the occupation of its

  6  roads or rights-of-way by telecommunications companies must be

  7  related to the placement or maintenance of facilities in such

  8  roads or rights-of-way, must be reasonable and

  9  nondiscriminatory, and may include only those matters

10  necessary to manage the roads or rights-of-way of the

11  municipality or county.

12         (c)1.  It is the intention of the state to treat all

13  providers of communications services that use or occupy

14  municipal or charter county roads or rights-of-way for the

15  provision of communications services in a nondiscriminatory

16  and competitively neutral manner with respect to the payment

17  of permit fees. Certain providers of communications services

18  have been granted by general law the authority to offset

19  permit fees against franchise or other fees while other

20  providers of communications services have not been granted

21  this authority. In order to treat all providers of

22  communications services in a nondiscriminatory and

23  competitively neutral manner with respect to the payment of

24  permit fees, each municipality and charter county shall make

25  an election under either sub-subparagraph a. or

26  sub-subparagraph b. and must inform the Department of Revenue

27  of the election by certified mail by July 16 1, 2001. Such

28  election shall take effect October 1, 2001.

29         a.(I)  The municipality or charter county may require

30  and collect permit fees from any providers of communications

31  services that use or occupy municipal or county roads or

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  1  rights-of-way. All fees permitted under this sub-subparagraph

  2  must be reasonable and commensurate with the direct and actual

  3  cost of the regulatory activity, including issuing and

  4  processing permits, plan reviews, physical inspection, and

  5  direct administrative costs; must be demonstrable; and must be

  6  equitable among users of the roads or rights-of-way. A fee

  7  permitted under this sub-subparagraph may not: be offset

  8  against the tax imposed under chapter 202; include the costs

  9  of roads or rights-of-way acquisition or roads or

10  rights-of-way rental; include any general administrative,

11  management, or maintenance costs of the roads or

12  rights-of-way; or be based on a percentage of the value or

13  costs associated with the work to be performed on the roads or

14  rights-of-way. In an action to recover amounts due for a fee

15  not permitted under this sub-subparagraph, the prevailing

16  party may recover court costs and attorney's fees at trial and

17  on appeal. In addition to the limitations set forth in this

18  section, a fee levied by a municipality or charter county

19  under this sub-subparagraph may not exceed $100. However,

20  permit fees may not be imposed with respect to permits that

21  may be required for service drop lines not required to be

22  noticed under s. 556.108(5)(b) or for any activity that does

23  not require the physical disturbance of the roads or

24  rights-of-way or does not impair access to or full use of the

25  roads or rights-of-way.

26         (II)  To ensure competitive neutrality among providers

27  of communications services, for any municipality or charter

28  county that elects to exercise its authority to require and

29  collect permit fees under this sub-subparagraph, the rate of

30  the local communications services tax imposed by such

31

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  1  jurisdiction, as computed under s. 202.20(1) and (2), shall

  2  automatically be reduced by a rate of 0.12 percent.

  3         b.  Alternatively, the municipality or charter county

  4  may elect not to require and collect permit fees from any

  5  provider of communications services that uses or occupies

  6  municipal or charter county roads or rights-of-way for the

  7  provision of communications services; however, each

  8  municipality or charter county that elects to operate under

  9  this sub-subparagraph retains all authority to establish rules

10  and regulations for providers of communications services to

11  use or occupy roads or rights-of-way as provided in this

12  section. If a municipality or charter county elects to operate

13  under this sub-subparagraph, the total rate for the local

14  communications services tax as computed under s. 202.20(1) and

15  (2) for that municipality or charter county may be increased

16  by ordinance or resolution by an amount not to exceed a rate

17  of 0.12 percent. If a municipality or charter county elects to

18  increase its rate effective October 1, 2001, the municipality

19  or charter county shall inform the department of such

20  increased rate by certified mail postmarked on or before July

21  16, 2001.

22         c.  A municipality or charter county that does not make

23  an election as provided for in this subparagraph shall be

24  presumed to have elected to operate under the provisions of

25  sub-subparagraph b.

26         2.  Each noncharter county shall make an election under

27  either sub-subparagraph a. or sub-subparagraph b. and shall

28  inform the Department of Revenue of the election by certified

29  mail by July 16 1, 2001. Such election shall take effect

30  October 1, 2001.

31

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  1         a.  The noncharter county may elect to require and

  2  collect permit fees from any providers of communications

  3  services that use or occupy noncharter county roads or

  4  rights-of-way. All fees permitted under this sub-subparagraph

  5  must be reasonable and commensurate with the direct and actual

  6  cost of the regulatory activity, including issuing and

  7  processing permits, plan reviews, physical inspection, and

  8  direct administrative costs; must be demonstrable; and must be

  9  equitable among users of the roads or rights-of-way. A fee

10  permitted under this sub-subparagraph may not: be offset

11  against the tax imposed under chapter 202; include the costs

12  of roads or rights-of-way acquisition or roads or

13  rights-of-way rental; include any general administrative,

14  management, or maintenance costs of the roads or

15  rights-of-way; or be based on a percentage of the value or

16  costs associated with the work to be performed on the roads or

17  rights-of-way. In an action to recover amounts due for a fee

18  not permitted under this sub-subparagraph, the prevailing

19  party may recover court costs and attorney's fees at trial and

20  on appeal. In addition to the limitations set forth in this

21  section, a fee levied by a noncharter county under this

22  sub-subparagraph may not exceed $100. However, permit fees may

23  not be imposed with respect to permits that may be required

24  for service drop lines not required to be noticed under s.

25  556.108(5)(b) or for any activity that does not require the

26  physical disturbance of the roads or rights-of-way or does not

27  impair access to or full use of the roads or rights-of-way.

28         b.  Alternatively, the noncharter county may elect not

29  to require and collect permit fees from any provider of

30  communications services that uses or occupies noncharter

31  county roads or rights-of-way for the provision of

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  1  communications services; however, each noncharter county that

  2  elects to operate under this sub-subparagraph shall retain all

  3  authority to establish rules and regulations for providers of

  4  communications services to use or occupy roads or

  5  rights-of-way as provided in this section. If a noncharter

  6  county elects to operate under this sub-subparagraph, the

  7  total rate for the local communications services tax as

  8  computed under s. 202.20(1) and (2) for that noncharter county

  9  may be increased by ordinance or resolution by an amount not

10  to exceed a rate of 0.24 percent, to replace the revenue the

11  noncharter county would otherwise have received from permit

12  fees for providers of communications services. If a noncharter

13  county elects to increase its rate effective October 1, 2001,

14  the noncharter county shall inform the department of such

15  increased rate by certified mail postmarked on or before July

16  16, 2001.

17         c.  A noncharter county that does not make an election

18  as provided for in this subparagraph shall be presumed to have

19  elected to operate under the provisions of sub-subparagraph b.

20         3.  Except as provided in this paragraph,

21  municipalities and counties retain all existing authority to

22  require and collect permit fees from users or occupants of

23  municipal or county roads or rights-of-way and to set

24  appropriate permit fee amounts.

25         (e)  The authority of municipalities and counties to

26  require franchise fees from providers of communications

27  services, with respect to the provision of communications

28  services, is specifically preempted by the state, except as

29  otherwise provided in subparagraph (a)2. paragraph (f),

30  because of unique circumstances applicable to providers of

31  communications services when compared to other utilities

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  1  occupying municipal or county roads or rights-of-way.

  2  Providers of communications services may provide similar

  3  services in a manner that requires the placement of facilities

  4  in municipal or county roads or rights-of-way or in a manner

  5  that does not require the placement of facilities in such

  6  roads or rights-of-way. Although similar communications

  7  services may be provided by different means, the state desires

  8  to treat providers of communications services in a

  9  nondiscriminatory manner and to have the taxes, franchise

10  fees, and other fees paid by providers of communications

11  services be competitively neutral. Municipalities and counties

12  retain all existing authority, if any, to collect franchise

13  fees from users or occupants of municipal or county roads or

14  rights-of-way other than providers of communications services,

15  and the provisions of this subsection shall have no effect

16  upon this authority. The provisions of this subsection do not

17  restrict the authority, if any, of municipalities or counties

18  or other governmental entities to receive reasonable rental

19  fees based on fair market value for the use of public lands

20  and buildings on property outside the public roads or

21  rights-of-way for the placement of communications antennas and

22  towers.

23         (f)(h)  Except as expressly allowed or authorized by

24  general law and except for the rights-of-way permit fees

25  subject to paragraph (c), a municipality or county may not

26  levy on a provider of communications services a tax, fee, or

27  other charge or imposition for operating as a provider of

28  communications services within the jurisdiction of the

29  municipality or county which is in any way related to using

30  its roads or rights-of-way. A municipality or county may not

31  require or solicit in-kind compensation, except as otherwise

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  1  provided in subparagraph (a)2. paragraph (f). Nothing in this

  2  paragraph shall impair any ordinance or agreement in effect on

  3  May 22, 1998, or any voluntary agreement entered into

  4  subsequent to that date, which provides for or allows in-kind

  5  compensation by a telecommunications company.

  6         (j)  Pursuant to this paragraph, any county or

  7  municipality may by ordinance change either its election made

  8  on or before July 16, 2001, under paragraph (c) or an election

  9  previously made under this paragraph.

10         1.a.  If a municipality or charter county changes its

11  election under this paragraph in order to exercise its

12  authority to require and collect permit fees in accordance

13  with this subsection, the rate of the local communications

14  services tax imposed by such jurisdiction pursuant to ss.

15  202.19 and 202.20 shall automatically be reduced by the sum of

16  0.12 percent plus the percentage, if any, by which such rate

17  was increased pursuant to sub-subparagraph (c)1.b.

18         b.  If a municipality or charter county changes its

19  election under this paragraph in order to discontinue

20  requiring and collecting permit fees, the rate of the local

21  communications services tax imposed by such jurisdiction

22  pursuant to ss. 202.19 and 202.20 may be increased by

23  ordinance or resolution by an amount not to exceed 0.24

24  percent.

25         2.  If a noncharter county changes its election under

26  this paragraph in order to exercise its authority to require

27  and collect permit fees in accordance with this subsection,

28  the rate of the local communications services tax imposed by

29  such jurisdiction pursuant to ss. 202.19 and 202.20 shall

30  automatically be reduced by the percentage, if any, by which

31  such rate was increased pursuant to sub-subparagraph (c)2.b.

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  1         3.a.  Any change of election pursuant to this paragraph

  2  and any tax rate change resulting from such change of election

  3  shall be subject to the notice requirements of s. 202.21;

  4  however, no such change of election shall become effective

  5  prior to January 1, 2003.

  6         b.  Any county or municipality changing its election

  7  under this paragraph in order to exercise its authority to

  8  require and collect permit fees shall, in addition to

  9  complying with the notice requirements under s. 202.21,

10  provide to all dealers providing communications services in

11  such jurisdiction written notice of such change of election by

12  July 1 immediately preceding the January 1 on which such

13  change of election becomes effective. For purposes of this

14  sub-subparagraph, dealers providing communications services in

15  such jurisdiction shall include every dealer reporting tax to

16  such jurisdiction pursuant to s. 202.37 on the return required

17  under s. 202.27 to be filed on or before the 20th day of May

18  immediately preceding the January 1 on which such change of

19  election becomes effective.

20         (k)  Notwithstanding the provisions of s. 202.19, when

21  a local communications services tax rate is changed as a

22  result of an election made or changed under this subsection,

23  such rate shall not be rounded to tenths.

24         (4)  As used in this section, "communications services"

25  has and "cable services" have the same meaning meanings

26  ascribed in chapter 202, and "cable service" has the same

27  meaning ascribed in 47 U.S.C. s. 522, as amended.

28         (5)  This section, except subsections (1) and (2) and

29  paragraph (3)(g)(i), does not apply to the provision of pay

30  telephone service on public, municipal, or county roads or

31  rights-of-way.

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  1         Section 30.  Notwithstanding any provision of law to

  2  the contrary, the provisions of section 166.234, Florida

  3  Statutes, shall continue to apply with respect to all public

  4  service taxes imposed on telecommunications services under

  5  section 166.231(9), Florida Statutes, prior to its amendment

  6  by chapter 2000-260, Laws of Florida.

  7         Section 31.  (1)  Notwithstanding any law or ordinance

  8  to the contrary, and regardless of the payment schedule

  9  contained in any license, franchise, ordinance, or other

10  arrangement that provides for payment after December 31, 2001,

11  all franchise fees required to be paid by cable or

12  telecommunications service providers with respect to cable or

13  telecommunications services provided prior to October 1, 2001,

14  shall be paid on or before December 31, 2001.

15         (2)  For services provided prior to October 1, 2001,

16  all franchise fees required to be paid prior to October 1,

17  2001, under any license, franchise, ordinance, or other

18  arrangement shall be paid as provided in such license,

19  franchise, ordinance, or other arrangement. Cable and

20  telecommunications services providers shall be obligated to

21  remit franchise fees collected from subscribers for services

22  billed prior to October 1, 2001, regardless of their actual

23  collection date.

24         Section 32.  Effective upon this act becoming a law,

25  section 52, subsections (1) and (2) of section 58, and section

26  59 of chapter 2000-260, Laws of Florida, are repealed.

27         Section 33.  Subsection (6) of section 212.20, Florida

28  Statutes, is amended to read:

29         212.20  Funds collected, disposition; additional powers

30  of department; operational expense; refund of taxes

31  adjudicated unconstitutionally collected.--

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  1         (6)  Distribution of all proceeds under this chapter

  2  and s. 202.18(1)(b) and (2)(b) shall be as follows:

  3         (a)  Proceeds from the convention development taxes

  4  authorized under s. 212.0305 shall be reallocated to the

  5  Convention Development Tax Clearing Trust Fund.

  6         (b)  Proceeds from discretionary sales surtaxes imposed

  7  pursuant to ss. 212.054 and 212.055 shall be reallocated to

  8  the Discretionary Sales Surtax Clearing Trust Fund.

  9         (c)  Proceeds from the tax imposed pursuant to s.

10  212.06(5)(a)2. shall be reallocated to the Mail Order Sales

11  Tax Clearing Trust Fund.

12         (c)(d)  Proceeds from the fees imposed under ss.

13  212.05(1)(i)3. and 212.18(3) shall remain with the General

14  Revenue Fund.

15         (d)(e)  The proceeds of all other taxes and fees

16  imposed pursuant to this chapter or remitted pursuant to s.

17  202.18(1)(b) and (2)(b) shall be distributed as follows:

18         1.  In any fiscal year, the greater of $500 million,

19  minus an amount equal to 4.6 percent of the proceeds of the

20  taxes collected pursuant to chapter 201, or 5 percent of all

21  other taxes and fees imposed pursuant to this chapter or

22  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

23  deposited in monthly installments into the General Revenue

24  Fund.

25         2.  Two-tenths of one percent shall be transferred to

26  the Solid Waste Management Trust Fund.

27         3.  After the distribution under subparagraphs 1. and

28  2., 9.653 percent of the amount remitted by a sales tax dealer

29  located within a participating county pursuant to s. 218.61

30  shall be transferred into the Local Government Half-cent Sales

31  Tax Clearing Trust Fund.

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  1         4.  After the distribution under subparagraphs 1., 2.,

  2  and 3., 0.065 percent shall be transferred to the Local

  3  Government Half-cent Sales Tax Clearing Trust Fund and

  4  distributed pursuant to s. 218.65.

  5         5.  For proceeds received after July 1, 2000, and after

  6  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

  7  percent of the available proceeds pursuant to this paragraph

  8  shall be transferred monthly to the Revenue Sharing Trust Fund

  9  for Counties pursuant to s. 218.215.

10         6.  For proceeds received after July 1, 2000, and after

11  the distributions under subparagraphs 1., 2., 3., and 4.,

12  1.0715 percent of the available proceeds pursuant to this

13  paragraph shall be transferred monthly to the Revenue Sharing

14  Trust Fund for Municipalities pursuant to s. 218.215. If the

15  total revenue to be distributed pursuant to this subparagraph

16  is at least as great as the amount due from the Revenue

17  Sharing Trust Fund for Municipalities and the Municipal

18  Financial Assistance Trust Fund in state fiscal year

19  1999-2000, no municipality shall receive less than the amount

20  due from the Revenue Sharing Trust Fund for Municipalities and

21  the Municipal Financial Assistance Trust Fund in state fiscal

22  year 1999-2000. If the total proceeds to be distributed are

23  less than the amount received in combination from the Revenue

24  Sharing Trust Fund for Municipalities and the Municipal

25  Financial Assistance Trust Fund in state fiscal year

26  1999-2000, each municipality shall receive an amount

27  proportionate to the amount it was due in state fiscal year

28  1999-2000.

29         7.  Of the remaining proceeds:

30         a.  Beginning July 1, 2000, and in each fiscal year

31  thereafter, the sum of $29,915,500 shall be divided into as

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  1  many equal parts as there are counties in the state, and one

  2  part shall be distributed to each county.  The distribution

  3  among the several counties shall begin each fiscal year on or

  4  before January 5th and shall continue monthly for a total of 4

  5  months.  If a local or special law required that any moneys

  6  accruing to a county in fiscal year 1999-2000 under the

  7  then-existing provisions of s. 550.135 be paid directly to the

  8  district school board, special district, or a municipal

  9  government, such payment shall continue until such time that

10  the local or special law is amended or repealed.  The state

11  covenants with holders of bonds or other instruments of

12  indebtedness issued by local governments, special districts,

13  or district school boards prior to July 1, 2000, that it is

14  not the intent of this subparagraph to adversely affect the

15  rights of those holders or relieve local governments, special

16  districts, or district school boards of the duty to meet their

17  obligations as a result of previous pledges or assignments or

18  trusts entered into which obligated funds received from the

19  distribution to county governments under then-existing s.

20  550.135.  This distribution specifically is in lieu of funds

21  distributed under s. 550.135 prior to July 1, 2000.

22         b.  The department shall distribute $166,667 monthly

23  pursuant to s. 288.1162 to each applicant that has been

24  certified as a "facility for a new professional sports

25  franchise" or a "facility for a retained professional sports

26  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

27  distributed monthly by the department to each applicant that

28  has been certified as a "facility for a retained spring

29  training franchise" pursuant to s. 288.1162; however, not more

30  than $208,335 may be distributed monthly in the aggregate to

31  all certified facilities for a retained spring training

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  1  franchise. Distributions shall begin 60 days following such

  2  certification and shall continue for not more than 30 years.

  3  Nothing contained in this paragraph shall be construed to

  4  allow an applicant certified pursuant to s. 288.1162 to

  5  receive more in distributions than actually expended by the

  6  applicant for the public purposes provided for in s.

  7  288.1162(6). However, a certified applicant is entitled to

  8  receive distributions up to the maximum amount allowable and

  9  undistributed under this section for additional renovations

10  and improvements to the facility for the franchise without

11  additional certification.

12         c.  Beginning 30 days after notice by the Office of

13  Tourism, Trade, and Economic Development to the Department of

14  Revenue that an applicant has been certified as the

15  professional golf hall of fame pursuant to s. 288.1168 and is

16  open to the public, $166,667 shall be distributed monthly, for

17  up to 300 months, to the applicant.

18         d.  Beginning 30 days after notice by the Office of

19  Tourism, Trade, and Economic Development to the Department of

20  Revenue that the applicant has been certified as the

21  International Game Fish Association World Center facility

22  pursuant to s. 288.1169, and the facility is open to the

23  public, $83,333 shall be distributed monthly, for up to 168

24  months, to the applicant. This distribution is subject to

25  reduction pursuant to s. 288.1169.  A lump sum payment of

26  $999,996 shall be made, after certification and before July 1,

27  2000.

28         8.  All other proceeds shall remain with the General

29  Revenue Fund.

30         Section 34.  Section 212.202, Florida Statutes, is

31  amended to read:

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  1         212.202  Renaming, creation, and continuation of

  2  certain funds.--The Local Government Infrastructure Tax Trust

  3  Fund is hereby retitled the Discretionary Sales Surtax

  4  Clearing Trust Fund. The Mail Order Sales Tax Clearing Trust

  5  Fund is hereby retitled the Communications Services Tax

  6  Clearing Trust Fund created in the State Treasury.

  7  Notwithstanding the repeal of s. 212.237 by s. 45, chapter

  8  89-356, the Solid Waste Management Trust Fund shall continue

  9  to exist.

10         Section 35.  Except as otherwise expressly provided in

11  this act, this act shall take effect October 1, 2001.

12

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                             SB 1878

15

16  The committee substitute provides conversion tax rates for the
    state and local communications services tax.
17
    It includes intent language that the tax imposed by this
18  chapter replaces current taxes and fees and is not a new tax.

19  It allows a local government to work with DOR to ensure that
    all taxpayers fully and correctly report taxable
20  communications services.

21  It provides for transition from existing taxes on
    communications services to the new tax system.
22
    It clarifies that the changes to s. 337.401(3)(a)1, F.S., are
23  not intended to change a local government's existing zoning or
    land use and clarifies that registration as a provider of
24  communications services does not establish a right for a
    communications services provider to place or maintain a
25  facility in a public right-of-way.

26

27

28

29

30

31

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