House Bill hb1889

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    Florida House of Representatives - 2001                HB 1889

        By the Committee on Utilities & Telecommunications and
    Representatives Ritter and Barreiro





  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; amending s. 203.01, F.S.; specifying

24         the rate of the gross receipts tax on

25         communications services; amending s. 337.401,

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

27         municipalities and counties regarding

28         imposition of permit fees to the department;

29         providing that a municipality or county that

30         elects not to impose permit fees on

31         communications services providers may increase

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  1         its local tax rate by resolution; requiring

  2         notice to the department; repealing s.

  3         337.401(3)(f) and (g), F.S., relating to the

  4         authority of municipalities and counties to

  5         request in-kind requirements from cable service

  6         providers and to negotiate cable service

  7         franchises, and revising and relocating such

  8         provisions under said section; authorizing

  9         municipalities and counties to change their

10         election regarding imposition of permit fees

11         and providing for adjustment of tax rates;

12         providing notice requirements; revising

13         definitions; specifying continued application

14         of s. 166.234, F.S., relating to administration

15         and rights and remedies, to municipal public

16         service taxes on telecommunications services

17         imposed prior to October 1, 2001; providing for

18         payment of franchise fees by cable or

19         telecommunications service providers with

20         respect to services provided prior to October

21         1, 2001; repealing s. 52 of ch. 2000-260, Laws

22         of Florida, which provides for a legislative

23         study during the 2001 session; repealing s.

24         58(1) of ch. 2000-260, Laws of Florida, which

25         provides for the June 30, 2001, repeal of those

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

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

28         2000-260, Laws of Florida, which provides for

29         the June 30, 2001, repeal of the following

30         provisions prior to their October 1, 2001,

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

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  1         which provides for the taxation of the sale of

  2         communications services; other statutory

  3         amendments which provide related administrative

  4         provisions; provisions which remove levy of the

  5         municipal public service tax on

  6         telecommunication services; provisions which

  7         provide for a gross receipts tax on

  8         communications services to be applied pursuant

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

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

11         telecommunication service; provisions relating

12         to the authority of counties and municipalities

13         to regulate the placement of telecommunications

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

15         impose permit fees and franchise fees; and

16         provisions relating to the application of

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

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

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

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

21         authority of counties and municipalities to

22         regulate the placement of telecommunications

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

24         impose permit fees and franchise fees, to

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

26         Florida, which took effect January 1, 2001;

27         providing effective dates.

28

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

30

31

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  1         Section 1.  Section 202.105, Florida Statutes, is

  2  created to read:

  3         202.105  Declaration of legislative findings and

  4  intent.--

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

  6  finding that the creation of this chapter fulfills important

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

  8  efficient, and uniform method for taxing communications

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

10  continued economic vitality of this increasingly important

11  industry because it restructures state and local taxes and

12  fees to account for the impact of federal legislation,

13  industry deregulation, and the convergence of service

14  offerings that is now taking place among providers. This

15  chapter promotes the increased competition that accompanies

16  deregulation by embracing a competitively neutral tax policy

17  that will free consumers to choose a provider based on

18  tax-neutral considerations.  This chapter further spurs new

19  competition by simplifying an extremely complicated state and

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

21  of collecting taxes and fees, increase service availability,

22  and place downward pressure on price.  Newfound administrative

23  efficiency is demonstrated by a reduction in the number of

24  returns that a provider must file each month.  By

25  restructuring separate taxes and fees into a revenue-neutral

26  communications services tax centrally administered by the

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

28  industry is unimpaired by excessive governmental regulation.

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

30  finding that this chapter will not reduce the authority that

31

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  1  municipalities or counties had to raise revenue in the

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

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

  4  202.11, Florida Statutes, are amended, subsection (18) is

  5  added to said section, and, effective August 1, 2002,

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

  7  (20), (21), (22), (23), (24), and (25) are added to said

  8  section, to read:

  9         202.11  Definitions.--As used in this chapter:

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

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

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

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

14  programming is transmitted over facilities owned or operated

15  by the cable service provider or over facilities owned or

16  operated by one or more other dealers of communications

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

18  point-to-multipoint distribution services by which programming

19  is transmitted or broadcast by microwave or other equipment

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

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

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

23         (8)  "Mobile communications service" means commercial

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

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

26  communications service, whether identified by the dealer as

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

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

29  mobile stations communicating among themselves, and includes,

30  but is not limited to, cellular communications services,

31  personal communications services, paging services, specialized

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

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

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

  4  22.99 as in effect on June 1, 1999.

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

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

  7  right or privilege of using communications services in this

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

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

10  not be reduced by any separately identified components of the

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

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

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

14  universal-service fund fees.

15         (a)  The sales price of communications services shall

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

17  any of the following:

18         1.  Separately identified components of the charge or

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

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

21  taxes, taxes measured by net income, and federal

22  universal-service fund fees.

23         1.2.  The connection, movement, change, or termination

24  of communications services.

25         2.3.  The detailed billing of communications services.

26         3.4.  The sale of directory listings in connection with

27  a communications service.

28         4.5.  Central office and custom calling features.

29         5.6.  Voice mail and other messaging service.

30         6.7.  Directory assistance.

31

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  1         7.  The service of sending or receiving a document

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

  3  performed during the course of providing professional or

  4  advertising services.

  5         (b)  The sales price of communications services does

  6  not include charges for any of the following:

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

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

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

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

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

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

13  stated separately.

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

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

16  to, regulatory fees and emergency telephone surcharges, which

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

18  fee or assessment is separately stated.

19         3.  Communications services Local telephone service

20  paid for by inserting coins into coin-operated communications

21  devices available to the public.

22         4.  The sale or recharge of a prepaid calling

23  arrangement.

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

25  services, defined as a radio service provided to purchasers

26  while on board an aircraft.

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

28  in connection with its business of providing communications

29  services.

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

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

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  1  are stated separately from the charges for communications

  2  services.

  3         (15)  "Service address" means:

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

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

  6  the communications equipment from which communications

  7  services originate or at which communications services are

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

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

10  case of mobile communications services, paging systems,

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

12  similar services, the term means the location determined by

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

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

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

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

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

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

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

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

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

22  digits of the seven-digit originating telephone number.

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

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

25  customer receives the services in this state.

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

27  customer's place of primary use.

28         (16)  "Substitute communications system" means any

29  telephone system, or other system capable of providing

30  communications services, which a person purchases, installs,

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

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  1  herself with services used as a substitute for any switched

  2  service or dedicated facility by which communications services

  3  provided by a dealer of communications services provides a

  4  communication path.

  5         (18)  "Private communications service" means a

  6  communications service that entitles the subscriber or user to

  7  exclusive or priority use of a communications channel or group

  8  of channels between or among channel termination points,

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

10  connected, and includes switching capacity, extension lines,

11  stations, and any other associated services which are provided

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

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

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

15  service provider for mobile communications services; or

16         2.  If the end user of mobile communications services

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

18  communications service. This subparagraph only applies for the

19  purpose of determining the place of primary use.

20         (b)  "Customer" does not include:

21         1.  A reseller of mobile communications services; or

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

23  customer outside the home service provider's licensed service

24  area.

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

26  zip code of 9 or more digits.

27         (21)  "Home service provider" means the

28  facilities-based carrier or reseller with which the customer

29  contracts for the provision of mobile communications services.

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

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

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  1  contract to provide mobile communications service to the

  2  customer.

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

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

  5  communications service primarily occurs, which must be:

  6         (a)  The residential street address or the primary

  7  business street address of the customer; and

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

  9  service provider.

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

11  communications services from another communications service

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

13  integrates the purchased services into a mobile communications

14  service.

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

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

17  customers outside the home service provider's licensed service

18  area.

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

20  carrier providing mobile communications service to a customer

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

22  service area.

23         Section 3.  Effective with respect to bills issued by

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

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

26  are amended and paragraph (d) is added to subsection (1), and,

27  effective with respect to bills issued by communications

28  services providers after August 1, 2002, paragraph (e) is

29  added to subsection (1), 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         (a)  Except as otherwise provided in this subsection,

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

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

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

12  satellite service, which:

13         1.  Originates and terminates in this state, or

14         2.  Originates or terminates in this state and is

15  charged to a service address in this state,

16

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

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

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

20  transactions and remitted with the tax imposed by this

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

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

23  nevertheless be collected and remitted in the manner and at

24  the time prescribed for tax collections and remittances under

25  this chapter.

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

27  actual cost of operating a substitute communications system,

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

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

30  communications system to conduct a business of providing

31  communications services or any communications system operated

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

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

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

  4  with the tax imposed by this paragraph.

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

  6  the Revenue Estimating Conference and approved by the

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

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

  9  the Revenue Estimating Conference shall be the sum of:

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

11         2.  The weighted average, based on the aggregate

12  population in the respective taxing jurisdictions, of the rate

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

14  charter counties and the rate computed under such subparagraph

15  for all other counties.

16

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

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

19  The gross receipts tax imposed by chapter 203 shall be

20  collected on the same taxable transactions and remitted with

21  the tax imposed by this paragraph.

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

23  sales price of private communications services provided within

24  this state. In determining the sales price of private

25  communications services subject to tax, the communications

26  service provider shall be entitled to use any method that

27  reasonably allocates the total charges among the states in

28  which channel termination points are located. An allocation

29  method is deemed to be reasonable for purposes of this

30  paragraph if the communications service provider regularly

31  used such method for Florida tax purposes prior to December

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  1  31, 2000. If a communications service provider uses a

  2  reasonable allocation method, such provider shall be held

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

  4  penalty based on a different allocation method. The gross

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

  6  same taxable transactions and remitted with the tax imposed by

  7  this paragraph.

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

  9  the sales price of all mobile communications services deemed

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

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

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

13  address is located within this state.

14         (2)  A dealer of taxable communications services shall

15  bill, collect, and remit the taxes on communications services

16  imposed pursuant to chapter 203 and this section at a combined

17  rate that is the sum of the rate of tax on communications

18  services prescribed in chapter 203 and the applicable rate of

19  tax prescribed in this section. Each dealer subject to the tax

20  provided in paragraph (1)(b) shall also remit the taxes

21  imposed pursuant to chapter 203 and this section on a combined

22  basis. However, a dealer shall, in reporting each remittance

23  to the department, identify the portion thereof which consists

24  of taxes remitted pursuant to chapter 203. Return forms

25  prescribed by the department shall facilitate such reporting.

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

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

28  203.01(1)(a)2. shall not exceed $100,000 per calendar year on

29  charges to any person for interstate communications services

30  that originate outside this state and terminate within this

31  state.  This subsection applies only to holders of a

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

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

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

  4  direct-pay permit to the purchaser of communications services

  5  authorizing such purchaser to pay the Florida communications

  6  services tax on such services directly to the department if

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

  8  communications originating outside of this state and

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

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

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

12  of communications services furnishing communications services

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

14  obligation to collect and remit the taxes imposed under this

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

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

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

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

19  entities or entities controlled by one person or group of

20  persons.

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

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

23  by this act, is amended to read:

24         202.12  Sales of communications services.--The

25  Legislature finds that every person who engages in the

26  business of selling communications services at retail in this

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

28  the Legislature that the tax imposed by chapter 203 be

29  administered as provided in this chapter.

30

31

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

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

  3  payable as follows:

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

  5  sales price of private communications services provided within

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

  7  following provisions:.

  8         1.  Any charge with respect to a channel termination

  9  point located within this state;

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

11  channel termination points located in this state; and

12         3.  Where channel termination points are located both

13  within and outside of this state:

14         a.  If any segment between two such channel termination

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

16         b.  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 this state 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  states in which channel termination points are located. An

26  allocation method is deemed to be reasonable for purposes of

27  this paragraph if the communications service provider

28  regularly used such method for Florida tax purposes prior to

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

30  reasonable allocation method, such provider shall be held

31

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

  2  penalty based on a different allocation method.

  3

  4  The gross receipts tax imposed by chapter 203 shall be

  5  collected on the same taxable transactions and remitted with

  6  the tax imposed by this paragraph.

  7         Section 5.  Effective with respect to bills issued by

  8  communications services providers after August 1, 2002,

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

10         202.155  Special rules for mobile communications

11  services.--

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

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

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

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

16  in good faith:

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

18  rely on the applicable residential or business street address

19  supplied by such customer.

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

21  from liability for any additional taxes imposed by or pursuant

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

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

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

25  service provider shall be allowed to treat the address used

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

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

28  use for the remaining term of such service contract or

29  agreement, excluding any extension or renewal of such service

30  contract or agreement.

31

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

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

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

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

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

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

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

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

  9  provider shall begin using the correct address within 120

10  days.

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

12  service provider of its intent to redetermine the assignment

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

14  202.22. If a final order is entered ruling that the

15  jurisdiction assigned by the home service provider is

16  incorrect, the department shall notify the home service

17  provider of the proper jurisdictional assignment. The home

18  service provider shall begin using the correct jurisdictional

19  assignment within 120 days.

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

21  subject to the taxes administered pursuant to this chapter,

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

23  not separately stated from the sales price of services subject

24  to tax, then the nontaxable mobile communications service

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

26  service provider can reasonably identify the sales price of

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

28  in the regular course of business.

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

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

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

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  1  customer's home service provider separately states the sales

  2  price of such nontaxable services or the home service provider

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

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

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

  6  are kept in the regular course of business that reasonably

  7  identifies the sales price of such nontaxable service.

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

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

10  amended to read:

11         202.16  Payment.--The taxes imposed or administered

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

13  dealers of taxable communications services on the sale at

14  retail in this state of communications services taxable under

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

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

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

18  in the same manner as a cash sale.

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

20  202.12(1)(b) and 202.15, the taxes collected under this

21  chapter and chapter 203, including any penalties or interest

22  attributable to the nonpayment of such taxes or for

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

24  by the purchaser of the communications service and shall be

25  collected from such person by the dealer of communications

26  services.

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

28  communications services imposed pursuant to this chapter and

29  chapter 203, the department shall make available in an

30  electronic format or otherwise prescribe by rule the tax

31  amounts and brackets applicable to each taxable sale such that

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

  2  rate imposed pursuant to this chapter and chapter 203.

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

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

  5         202.17  Registration.--

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

  7  dealer of communications services must file with the

  8  department an application for a certificate of registration.

  9  Registration under this section does not constitute

10  registration with a municipality or county for the purpose of

11  placing and maintaining communications facilities in municipal

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

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

14  providing communications services without first obtaining a

15  certificate of registration. The failure or refusal to submit

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

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

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

19  who fails or refuses to register shall pay an initial

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

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

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

23  reasonable cause.

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

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

26  the General Revenue Fund, and must set forth:

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

28  business within this state.

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

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

31  where records are available for inspection.

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

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

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

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

  5  applicant is a corporation organized under the laws of another

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

  7  the application a certified copy of the certificate or license

  8  issued by the Department of State showing that the corporation

  9  is authorized to transact business in this state.

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

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

12  the department shall provide to each newly registered dealer

13  an initial annual resale certificate that is valid for the

14  remainder of the period of issuance remaining portion of the

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

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

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

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

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

20  applicable reporting period.

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

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

23  amended to read:

24         202.18  Allocation and disposition of tax

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

26  remitted under this chapter shall be treated as follows:

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

28  202.12(1)(c) shall be divided as follows:

29         (a)  The portion of such proceeds which constitutes

30  gross receipts taxes, imposed at the rate prescribed in

31

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

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

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

  4  such proceeds which is derived from the rate component

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

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

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

  8  prorated to the participating counties in the same proportion

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

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

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

12  of such proceeds shall be transferred to the Local Government

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

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

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

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

17  However, during calendar year 2001, state fiscal year

18  2000-2001 proportions shall be used.

19         2.  The proportion of the proceeds allocated based on

20  the emergency distribution under s. 218.65 shall be

21  distributed pursuant to s. 218.65.

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

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

24  218.61 shall be allocated to each county in the same

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

26  allocation for the prior state fiscal year and distributed

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

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

29  remaining portion of such proceeds shall be allocated to the

30  municipalities and counties in proportion to the allocation of

31

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

  2  emergency distribution of such tax under s. 218.65.

  3         4.  The department shall distribute the appropriate

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

  5  time that local communications services taxes are distributed

  6  pursuant to subsection (3).

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

  8  proceeds of each local communications services tax levied by a

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

10  202.20(1), less the department's costs of administration,

11  shall be transferred to the Local Communications Services Tax

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

13  municipality or county. However, the proceeds of any

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

15  shall be deposited and disbursed in accordance with ss.

16  212.054 and 212.055. For purposes of this section, the

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

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

19  collected and received by the department pursuant to a

20  specific levy authorized by such sections section, including

21  any interest and penalties attributable to the tax levy.

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

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

24  amounts deducted for costs of administration in accordance

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

26  appropriate jurisdictions. The proceeds of taxes imposed

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

28  manner as discretionary surtaxes are distributed, in

29  accordance with ss. 212.054 and 212.055.

30         2.  The department shall make any adjustments to the

31  distributions pursuant to this paragraph which are necessary

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  1  to reflect the proper amounts due to individual jurisdictions.

  2  In the event that the department adjusts amounts due to

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

  4  adjustment shall be limited to the amount of tax actually

  5  collected from such customer by the dealer of communication

  6  services.

  7         Section 9.  Effective with respect to communications

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

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

10         202.19  Authorization to impose local communications

11  services tax.--

12         (1)  The governing authority of each county and

13  municipality may, by ordinance, levy a discretionary

14  communications services tax.

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

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

17  percent.

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

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

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

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

22  municipalities and charter counties or of up to 0.24 percent

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

24  do they supercede conversion or emergency rates authorized by

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

26  of such tax shall be as follows:

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

28  shall be up to the maximum rate determined for municipalities

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

30

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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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  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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  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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  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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  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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  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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  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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  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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  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    2.10%           1.98%

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 House of Representatives - 2001                HB 1889

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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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  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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  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 House of Representatives - 2001                HB 1889

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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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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            5.60%           4.88%

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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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    2.00%           1.88%

  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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-01






  1  POLK           Polk            2.70%           2.58%

  2  Auburndale     Polk            4.30%           4.18%

  3  Bartow         Polk            5.20%           4.48%

  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 House of Representatives - 2001                HB 1889

    193-162B-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 House of Representatives - 2001                HB 1889

    193-162B-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%

                                  73

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  1  DeFuniak

  2  Springs        Walton          5.50%           5.38%

  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  Defuniak     Walton      4.70%         4.58%

16  Springs

17

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

19  Estimating Conference shall compute for each municipality and

20  county the rate of local communications services tax which

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

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

23  through the imposition of a local communications services tax,

24  revenues equal to the sum of:

25         1.  The amount of revenues estimated to have been

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

27  actually received from the replaced revenue sources in the

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

29  growth reasonably estimated to have occurred in the final

30  quarter of calendar year 1999; and

31

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  1         2.  An amount representing the revenues the

  2  jurisdiction would have received from the replaced revenue

  3  sources during the month immediately preceding the month in

  4  which local taxing jurisdictions receive their first

  5  distributions of revenues under this chapter.

  6

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

  8  Revenue Estimating Conference shall consider, to the maximum

  9  extent practicable, changes in local replaced revenues, other

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

11  amounts in subparagraphs 1. and 2. accordingly.

12         (b)  The rates computed by the Revenue Estimating

13  Conference shall be presented to the Legislature for review

14  and approval during the 2001 Regular Session. The rates

15  approved by the Legislature under this subsection shall be

16  effective in the respective local taxing jurisdictions on

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

18  governing authority or voters of such local taxing

19  jurisdictions. The rate computed and approved pursuant to this

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

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

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

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

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

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

26  revenues received by that local government from the local

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

28  202.19(1) are less than the revenues received from the

29  replaced revenue sources for the corresponding 2000-2001

30  period; plus reasonably anticipated growth in such revenues

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

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

  2  plus an amount representing the revenues from the replaced

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

  4  jurisdiction was required to forego, the governing authority

  5  may adjust the rate of the local communications services tax

  6  upward to the extent necessary to generate the entire

  7  shortfall in revenues within 1 year after the rate adjustment

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

  9  revenue on an ongoing basis.

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

11  determining whether the revenues received by a local

12  government from the local communications services tax imposed

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

14  the replaced revenue sources for the corresponding 2000-2001

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

16  shall use the best data available for the corresponding

17  2000-2001 period in making such determination.

18         3.  The adjustment permitted under subparagraph 1. may

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

20  notwithstanding the maximum rate established under s.

21  202.19(2) subsection (2) and notwithstanding any schedules or

22  timeframes or any other limitations contained in this chapter.

23  The emergency ordinance or resolution shall specify an

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

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

26  resolution and shall be effective with respect to taxable

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

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

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

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

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

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

  2  of revenues not received prior to the implementation of the

  3  emergency rate.

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

  5  Estimating Conference shall compute, in accordance with this

  6  paragraph, the maximum rates at which local taxing

  7  jurisdictions shall be permitted to impose local

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

  9         1.  A single maximum rate shall apply to all

10  municipalities and charter counties, and another single

11  maximum rate shall apply to all other counties.

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

13  services taxed pursuant to this chapter, shall be calculated

14  to produce the revenues which could have been generated from

15  the replaced revenue sources, assuming that all local taxing

16  jurisdictions had imposed every replaced revenue source in the

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

18  amount of revenues.

19         (b)  The rates computed by the Revenue Estimating

20  Conference shall be presented to the Legislature for review

21  and approval during the 2001 Regular Session. The rates

22  approved by the Legislature pursuant to this subsection shall

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

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

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

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

27  information set forth in this paragraph, in a format

28  prescribed by the department. Returns shall contain data for

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

30  remittances of replaced revenue sources for each local taxing

31  jurisdiction and an estimate of the revenue from

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  1  communications services that will be taxable pursuant to this

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

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

  4  statewide sales taxable under chapter 203, taxable sales under

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

  6  212.08(7)(j) and exempt sales to governmental and other exempt

  7  entities under chapter 212.

  8         (b)  All information furnished to the department under

  9  this subsection shall be available to all local taxing

10  jurisdictions. Such taxpayer information shall remain subject

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

12  taxing jurisdictions for any purpose other than to review the

13  validity of data and the calculations made pursuant to this

14  subsection.

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

16  each municipality shall provide the following data to the

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

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

19         2.  The amount of revenues received during fiscal year

20  1998-1999 and, if known, the 1999 calendar year.

21         3.  A description of the revenue base or taxable

22  services.

23         4.  The name and federal employer identification number

24  of each taxpayer.

25         5.  For the purpose of assisting the Revenue Estimating

26  Conference in the computations required by this section, any

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

28  changes in the rate of replaced revenues or imposition of

29  additional replaced revenues subsequent to September 30, 1999.

30         (d)  The department shall provide technical assistance

31  to the Revenue Estimating Conference and compile and analyze

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  1  the information submitted pursuant to this subsection in the

  2  manner requested by the Revenue Estimating Conference.

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

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

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

  6  impositions to the extent that the respective local taxing

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

  8  2000.

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

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

11         a.1.  The public service tax on telecommunications

12  authorized by s. 166.231(9).

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

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

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

16  arrangements.

17         d.4.  Franchise fees on dealers of communications

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

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

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

21  charter counties be treated as having had the same authority

22  as municipalities to impose franchise fees on recurring local

23  telecommunication service revenues prior to July 1, 2000.

24  However, the Legislature recognizes that the authority of

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

26  treatment provided in this section is not an expression of

27  legislative intent that charter counties actually do or do not

28  possess such authority.

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

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

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

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  1  communications services for the fiscal year ending September

  2  30, 1999; however, if a municipality or charter county elects

  3  the option to charge permit fees pursuant to s.

  4  337.401(3)(c)1.a., such fees shall not be included as a

  5  replaced revenue source.

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

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

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

  9         (3)(5)  For any county or school board that levies a

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

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

12  as follows:

13

14  County       .5%             1%                 1.5%

15               Discretionary   Discretionary      Discretionary

16               surtax          surtax             surtax

17               conversion      conversion         conversion

18               rates           rates              rates

19

20  Alachua        0.3%           0.6%                0.8%

21  Baker          0.3%           0.5%                0.8%

22  Bay            0.3%           0.5%                0.8%

23  Bradford       0.3%           0.6%                0.8%

24  Brevard        0.3%           0.6%                0.9%

25  Broward        0.3%           0.5%                0.8%

26  Calhoun        0.3%           0.5%                0.8%

27  Charlotte      0.3%           0.6%                0.9%

28  Citrus         0.3%           0.6%                0.9%

29  Clay           0.3%           0.6%                0.8%

30  Collier        0.4%           0.7%                1.0%

31  Columbia       0.3%           0.6%                0.9%

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  1  Dade           0.3%           0.5%                0.8%

  2  Desoto         0.3%           0.6%                0.8%

  3  Dixie          0.3%           0.5%                0.8%

  4  Duval          0.3%           0.6%                0.8%

  5  Escambia       0.3%           0.6%                0.9%

  6  Flagler        0.4%           0.7%                1.0%

  7  Franklin       0.3%           0.6%                0.9%

  8  Gadsden        0.3%           0.5%                0.8%

  9  Gilchrist      0.3%           0.5%                0.7%

10  Glades         0.3%           0.6%                0.8%

11  Gulf           0.3%           0.5%                0.8%

12  Hamilton       0.3%           0.6%                0.8%

13  Hardee         0.3%           0.5%                0.8%

14  Hendry         0.3%           0.6%                0.9%

15  Hernando       0.3%           0.6%                0.9%

16  Highlands      0.3%           0.6%                0.9%

17  Hillsborough   0.3%           0.6%                0.8%

18  Holmes         0.3%           0.6%                0.8%

19  Indian River   0.3%           0.6%                0.9%

20  Jackson        0.3%           0.5%                0.7%

21  Jefferson      0.3%           0.5%                0.8%

22  Lafayette      0.3%           0.5%                0.7%

23  Lake           0.3%           0.6%                0.9%

24  Lee            0.3%           0.6%                0.9%

25  Leon           0.3%           0.6%                0.8%

26  Levy           0.3%           0.5%                0.8%

27  Liberty        0.3%           0.6%                0.8%

28  Madison        0.3%           0.5%                0.8%

29  Manatee        0.3%           0.6%                0.8%

30  Marion         0.3%           0.5%                0.8%

31  Martin         0.3%           0.6%                0.8%

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  1  Monroe         0.3%           0.6%                0.9%

  2  Nassau         0.3%           0.6%                0.8%

  3  Okaloosa       0.3%           0.6%                0.8%

  4  Okeechobee     0.3%           0.6%                0.9%

  5  Orange         0.3%           0.5%                0.8%

  6  Osceola        0.3%           0.5%                0.8%

  7  Palm Beach     0.3%           0.6%                0.8%

  8  Pasco          0.3%           0.6%                0.9%

  9  Pinellas       0.3%           0.6%                0.9%

10  Polk           0.3%           0.6%                0.8%

11  Putnam         0.3%           0.6%                0.8%

12  St. Johns      0.3%           0.6%                0.8%

13  St. Lucie      0.3%           0.6%                0.8%

14  Santa Rosa     0.3%           0.6%                0.9%

15  Sarasota       0.3%           0.6%                0.9%

16  Seminole       0.3%           0.6%                0.8%

17  Sumter         0.3%           0.5%                0.8%

18  Suwannee       0.3%           0.6%                0.8%

19  Taylor         0.3%           0.6%                0.9%

20  Union          0.3%           0.5%                0.8%

21  Volusia        0.3%           0.6%                0.8%

22  Wakulla        0.3%           0.6%                0.9%

23  Walton         0.3%           0.6%                0.9%

24  Washington     0.3%           0.5%                0.8%

25

26

27  However, the discretionary sales surtax rate on communications

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

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

30  shall be calculated by averaging or adding the appropriate

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

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  1  percent. multiplied by a factor to determine the applicable

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

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

  4  2000. The factor shall be calculated such that any rate

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

  6  tax revenues as the corresponding rate levied on

  7  telecommunication services under s. 212.055 during the year

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

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

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

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

12  to the Legislature for review and approval during the 2001

13  Regular Session.

14         (6)  For purposes of calculating the appropriate value

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

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

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

18  its computation any adjustment necessary to include the value

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

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

21  of public, educational, or governmental access facilities

22  allowed under federal law.

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

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

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

26  from any dealer of communications services fees in excess of

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

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

29  pursuant to an agreement with such dealer of communications

30  services in effect on such date.

31

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  1         (b)  Immediately upon the expiration of an agreement

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

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

  4  jurisdiction, shall automatically be reduced by the portion of

  5  such rate representing the difference between the fees

  6  actually received by the taxing jurisdiction pursuant to the

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

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

  9  would have received for such period under the applicable

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

11  prior to the effective date of this section.

12         Section 13.  (1)  Notwithstanding any provision of

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

14  municipality or county that has a local communications

15  services tax rate established under s. 202.20, Florida

16  Statutes, which is less than the maximum rate established

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

18  ordinance increase the local communications services tax rate

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

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

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

22  municipality or county shall notify the department of such

23  increased rate by certified mail postmarked on or before July

24  16, 2001.

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

26  becoming a law.

27         Section 14.  Section 202.21, Florida Statutes, is

28  amended to read:

29         202.21  Effective dates; procedures for informing

30  dealers of communications services of tax levies and rate

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

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  1  local communications services tax imposed under s. 202.19 is

  2  effective with respect to taxable services included on bills

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

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

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

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

  7  September 1 immediately preceding such January 1. Notification

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

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

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

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

12  municipality or county to respond to inquiries concerning the

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

14  repeal, or change to all affected dealers of communications

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

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

17  communications services tax by emergency ordinance or

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

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

20  The department shall provide written notice of the adoption of

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

22  receiving such notice. In any notice to providers or

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

24  the department shall express the rate for a municipality or

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

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

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

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

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

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

31

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

  2  202.19.

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

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

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

  6  amended, paragraph (g) is added to subsection (3), and

  7  paragraph (b) of subsection (4) and paragraph (b) of

  8  subsection (6) of said section are amended, to read:

  9         202.22  Determination of local tax situs.--

10         (1)  A dealer of communications services who is

11  obligated to collect and remit a local communications services

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

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

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

15  service address to an incorrect local taxing jurisdiction, if

16  the dealer of communications services exercises due diligence

17  in applying one or more of the following methods for

18  determining the local taxing jurisdiction in which a service

19  address is located:

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

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

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

23  taxing jurisdiction.

24         2.  If an enhanced zip code overlaps boundaries of

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

26  be assigned to the service address because the service address

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

28  dealer of communications services or its database vendor shall

29  assign the affected service addresses to one specific local

30  taxing jurisdiction within such zip code based on a reasonable

31  methodology. A methodology satisfies this subparagraph

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  1  paragraph if the information used to assign service addresses

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

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

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

  5  subsection (3);

  6         c.3.  Responsible representatives of the relevant local

  7  taxing jurisdictions; or

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

  9  States Postal Service.

10         (2)

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

12  the department all information needed to create and update the

13  electronic database, including changes in service addresses,

14  annexations, incorporations, reorganizations, and any other

15  changes in jurisdictional boundaries. The information

16  furnished to the department must specify an effective date,

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

18  information must be furnished to the department at least 120

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

20  that counties submit information pursuant to this paragraph

21  shall be subject to appropriation.

22         2.  The department shall update the electronic database

23  in accordance with the information furnished by local taxing

24  jurisdictions under subparagraph 1. Each update must specify

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

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

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

28  furnish the update on magnetic or electronic media to any

29  dealer of communications services or vendor who requests the

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

31  fee from the dealer of communications services which does not

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

  2  electronic media.

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

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

  5  Each dealer of communications services shall be required to

  6  collect and remit local communications services taxes imposed

  7  under this chapter only for those service addresses that are

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

  9  required by this subsection are included in the database.

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

11  certified by the department pursuant to rules that implement

12  the following criteria and procedures:

13         (b)  Upon receipt of an application for certification

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

15  shall apply, except that the department shall examine the

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

17  applicant of any apparent errors or omissions and request any

18  additional information, conduct any inspection, or perform any

19  testing determined necessary. The applicant shall designate an

20  individual responsible for providing access to all records,

21  facilities, and processes the department determines are

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

23  determination regarding the application. Such access must be

24  provided within 10 working days after notification.

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

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

27  identification number, mailing address, business address, and

28  any other information required by the department. The

29  application may request that the applicant identify must

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

31  applicant's proposal for testing the database.

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  1         (g)  Notwithstanding any provision of law to the

  2  contrary, if a dealer submits an application for certification

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

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

  5  rule becomes effective, and such application is neither

  6  approved nor denied within the time period set forth in

  7  paragraph (d):

  8         1.  For purposes of computing the amount of the

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

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

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

12  application for certification is denied.

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

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

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

16  later.

17         (4)

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

19  of communications services is exercising due diligence in

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

21  (1) if the dealer:

22         1.  Expends reasonable resources to accurately and

23  reliably implement such method. However, the employment of

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

25  requirements of this subparagraph; and

26         2.  Maintains adequate internal controls in assigning

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

28  office box ranges to taxing jurisdictions. Internal controls

29  are adequate if the dealer of communications services:

30

31

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  1         a.  Maintains and follows procedures to obtain and

  2  implement periodic and consistent updates to the database at

  3  least once every 6 months; and

  4         b.  Corrects errors in the assignments of service

  5  addresses to local taxing jurisdictions within 120 days after

  6  the dealer discovers such errors.

  7         (6)

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

  9  communications services employs a method of assigning service

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

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

12  to the dealer of communications services as compensation under

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

14  and accounted for and remitted to the department which is

15  attributable to such method of assigning service addresses

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

17  or paragraph (1)(c).

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

19  Florida Statutes, to read:

20         202.23  Procedure on purchaser's request for refund or

21  credit of communications services taxes.--

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

23  appears, upon examination of a communications services tax

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

25  department by the dealer, that an amount of communications

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

27  department may refund the amount of the overpayment to the

28  dealer. The department may refund the overpayment without

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

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

31  a statement affirming that the dealer made the overpayment.

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

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

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

  4  refund.

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

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

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

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

  9  has elapsed.

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

11  department pursuant to this subsection, the department

12  determines that the amount of such refund exceeds the amount

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

14  concerning penalties and interest shall not apply if, within

15  60 days of receiving notice of such determination, the dealer

16  reimburses the department the amount of such excess.

17         Section 17.  Section 202.231, Florida Statutes, is

18  created to read:

19         202.231  Provision of information to local taxing

20  jurisdictions.--

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

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

23  Each report shall contain the following information for the

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

25  information necessary to identify each dealer providing

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

27  employer identification number; the gross taxable sales

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

29  allowance; and any adjustments specified on the return,

30  including audit assessments or refunds, and interest or

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

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  1  being remitted to the jurisdiction.  The report shall total

  2  the net amount transferred to the jurisdiction, showing the

  3  net taxes remitted by dealers less the administrative fees

  4  deducted by the department.

  5         (2)  Monthly reports shall be transmitted by the

  6  department to each municipality and county through a secure

  7  electronic mail system or by other suitable written or

  8  electronic means.

  9         Section 18.  Paragraph (c) of subsection (2) of section

10  202.24, Florida Statutes, is amended to read:

11         202.24  Limitations on local taxes and fees imposed on

12  dealers of communications services.--

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

14  public body is prohibited from:

15         1.  Levying on or collecting from dealers or purchasers

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

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

18  communications services.

19         2.  Requiring any dealer of communications services to

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

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

22  other imposition.

23         3.  Adopting or enforcing any provision of any

24  ordinance or agreement to the extent that such provision

25  obligates a dealer of communications services to charge,

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

27  other imposition.

28

29  Each municipality and county retains authority to negotiate

30  all terms and conditions of a cable service franchise allowed

31  by federal and state law except those terms and conditions

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  1  related to franchise fees and the definition of gross revenues

  2  or other definitions or methodologies related to the payment

  3  or assessment of franchise fees on providers of cable

  4  services.

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

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

  7  payment of property or services which is required by ordinance

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

  9  through a dealer of communications services in its capacity as

10  a dealer of communications services, regardless of whether

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

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

13  charge, franchise fee, user fee, privilege fee, occupancy fee,

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

15  fee, or other tax or fee;

16         2.  Measured by the amounts charged or received for

17  services, regardless of whether such amount is permitted or

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

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

20  other means; or

21         3.  Intended as compensation for the use of public

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

23  for other purposes.

24         (c)  This subsection does not apply to:

25         1.  Local communications services taxes levied under

26  this chapter.

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

28         3.  Occupational license taxes levied under chapter

29  205.

30         4.  "911" service charges levied under chapter 365.

31

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

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

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

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

  5  attachment of equipment used in the provision of

  6  communications services.

  7         6.  Permit fees of general applicability which are not

  8  related to placing or maintaining facilities in or on public

  9  roads or rights-of-way.

10         7.  Permit fees related to placing or maintaining

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

12  s. 337.401.

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

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

15  construction of public, educational, or governmental access

16  facilities allowed under federal law and imposed on providers

17  of cable service pursuant to any ordinance or agreement.

18  Nothing in this subparagraph shall prohibit the ability of

19  providers of cable service to recover such expenses as allowed

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

21  Legislature during the 2001 legislative session in conjunction

22  with the study required by this act.

23         9.  Special assessments and impact fees.

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

25  government for attachments to utility poles owned by the local

26  government.

27         11.  Utility service fees or other similar user fees

28  for utility services.

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

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

31

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  1  is not specifically prohibited by this subsection or included

  2  as a replaced revenue source in s. 202.20.

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

  4  202.26, Florida Statutes, is repealed.

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

  6  Statutes, is amended to read:

  7         202.27  Return filing; rules for self-accrual.--

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

  9  required to be initiated through an electronic data

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

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

12  federal or state legal holiday, returns are timely if

13  postmarked on the next succeeding workday. Any dealer who

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

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

16  maintains records for such locations in a central office or

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

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

19  location; however, the return must clearly indicate the

20  amounts collected within each location. Each dealer shall file

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

22  such period.

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

24  Statutes, is amended to read:

25         202.28  Credit for collecting tax; penalties.--

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

27  purpose of compensating persons providing communications

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

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

30  taxes, persons collecting taxes imposed under this chapter and

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

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

  2  remitted to the department.

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

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

  5  tax is delinquent at the time of payment.

  6         (b)  The department may deny the collection allowance

  7  if a taxpayer files an incomplete return.

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

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

10  arrangement that the physical handling, verification, review

11  of the return, or determination of other taxes and fees

12  reported on the return can not be readily accomplished.

13         2.  The department shall adopt rules requiring the

14  information that it considers necessary to ensure that the

15  taxes levied or administered under this chapter are properly

16  collected, reviewed, compiled, reported, and enforced,

17  including, but not limited to, rules requiring the reporting

18  of the amount of gross sales; the amount of taxable sales; the

19  amount of tax collected or due; the amount of lawful refunds,

20  deductions, or credits claimed; the amount claimed as the

21  dealer's collection allowance; the amount of penalty and

22  interest; and the amount due with the return.

23         (c)  The collection allowance and other credits or

24  deductions provided in this chapter shall be applied to the

25  taxes reported for the jurisdiction previously credited with

26  the tax paid.

27         Section 22.  Paragraph (a) of subsection (1) of section

28  202.37, Florida Statutes, is amended to read:

29         202.37  Special rules for administration of local

30  communications services tax.--

31

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

  2  all statutory provisions and administrative rules applicable

  3  to the communications services tax imposed by s. 202.12 apply

  4  to any local communications services tax imposed under s.

  5  202.19, and the department shall administer, collect, and

  6  enforce all taxes imposed under s. 202.19, including interest

  7  and penalties attributable thereto, in accordance with the

  8  same procedures used in the administration, collection, and

  9  enforcement of the communications services tax imposed by s.

10  202.12.  Audits performed by the department shall include a

11  determination of the dealer's compliance with the

12  jurisdictional situsing of its customers' service addresses

13  and a determination of whether the rate collected for the

14  local tax pursuant to ss. 202.19 and 202.20 is correct.

15         Section 23.  Section 202.38, Florida Statutes, is

16  created to read:

17         202.38  Special rules for bad debts and adjustments

18  under previous taxes.--

19         (1)(a)1.  Any dealer who has paid the tax imposed by

20  chapter 212 on telecommunications services billed prior to

21  October 1, 2001, which are no longer subject to such tax as a

22  result of chapter 2000-260, Laws of Florida, may take a credit

23  or obtain a refund of the state communications services tax

24  imposed under this chapter on unpaid balances due on worthless

25  accounts within 12 months following the last day of the

26  calendar year for which the bad debt was charged off on the

27  taxpayer's federal income tax return.

28         2.  Any dealer who has paid a local public service tax

29  levied pursuant to chapter 166 on telecommunications services

30  billed prior to October 1, 2001, which are no longer subject

31  to such tax as a result of chapter 2000-260, Laws of Florida,

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  1  may take a credit or obtain a refund of the local

  2  communications services tax imposed by such jurisdiction on

  3  unpaid balances due on worthless accounts within 12 months

  4  following the last day of the calendar year for which the bad

  5  debt was charged off on the taxpayer's federal income tax

  6  return.

  7         (b)  If any account for which a credit or refund has

  8  been received under this section is then in whole or in part

  9  paid to the dealer, the amount paid must be included in the

10  first communications services tax return filed after such

11  receipt and the applicable state and local communications

12  services tax paid accordingly.

13         (c)  Bad debts associated with accounts receivable

14  which have been assigned or sold with recourse are eligible

15  upon reassignment for inclusion by the dealer in the credit or

16  refund authorized by this section.

17         (2)(a)  If any dealer would have been entitled to an

18  adjustment of the tax imposed by chapter 212 on

19  telecommunications services billed prior to October 1, 2001,

20  which are no longer subject to such tax as a result of chapter

21  2000-260, Laws of Florida, such dealer may take a credit or

22  obtain a refund of the state communications services tax

23  imposed under this chapter.

24         (b)  If any dealer would have been entitled to an

25  adjustment of a local public service tax levied pursuant to

26  chapter 166 on telecommunications services billed prior to

27  October 1, 2001, which are no longer subject to such tax as a

28  result of chapter 2000-260, Laws of Florida, such dealer may

29  take a credit or obtain a refund of the local communications

30  services tax imposed by such jurisdiction pursuant to this

31  chapter.

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  1         (3)  Credits and refunds of the tax imposed by chapter

  2  203 attributable to bad debts or adjustments with respect to

  3  telecommunications services billed prior to October 1, 2001,

  4  shall be governed by the applicable provisions of this

  5  chapter.

  6         (4)  Notwithstanding any provision of law to the

  7  contrary, the refunds and credits allowed by this section

  8  shall be subject to audit by the state and the respective

  9  local taxing jurisdictions in any audit of the taxes to which

10  such refunds and credits relate.

11         Section 24.  Paragraph (b) of subsection (1) of section

12  203.01, Florida Statutes, as amended by chapter 2000-260, Laws

13  of Florida, is amended to read:

14         203.01  Tax on gross receipts for utility and

15  communications services.--

16         (1)(a)1.  Every person that receives payment for any

17  utility service shall report by the last day of each month to

18  the Department of Revenue, under oath of the secretary or some

19  other officer of such person, the total amount of gross

20  receipts derived from business done within this state, or

21  between points within this state, for the preceding month and,

22  at the same time, shall pay into the State Treasury an amount

23  equal to a percentage of such gross receipts at the rate set

24  forth in paragraph (b).  Such collections shall be certified

25  by the Comptroller upon the request of the State Board of

26  Education.

27         2.  A tax is levied on communications services as

28  defined in s. 202.11(3). Such tax shall be applied to the same

29  services and transactions as are subject to taxation under

30  chapter 202, and to communications services that are subject

31  to the exemption provided in s. 202.125(1). Such tax shall be

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  1  applied to the sales price of communications services when

  2  sold at retail and to the actual cost of operating substitute

  3  communications systems, as such terms are defined in s.

  4  202.11, shall be due and payable at the same time as the taxes

  5  imposed pursuant to chapter 202, and shall be administered and

  6  collected pursuant to the provisions of chapter 202.

  7         (b)  The rate applied to utility services shall be 2.5

  8  percent. The rate applied to communications services shall be

  9  2.36 percent the rate calculated pursuant to s. 44, chapter

10  2000-260, Laws of Florida.

11         Section 25.  Effective upon this act becoming a law,

12  paragraph (c) of subsection (3) of section 337.401, Florida

13  Statutes, as amended by section 50 of chapter 2000-260, Laws

14  of Florida, is amended to read:

15         337.401  Use of right-of-way for utilities subject to

16  regulation; permit; fees.--

17         (3)

18         (c)1.  It is the intention of the state to treat all

19  providers of communications services that use or occupy

20  municipal or charter county roads or rights-of-way for the

21  provision of communications services in a nondiscriminatory

22  and competitively neutral manner with respect to the payment

23  of permit fees. Certain providers of communications services

24  have been granted by general law the authority to offset

25  permit fees against franchise or other fees while other

26  providers of communications services have not been granted

27  this authority. In order to treat all providers of

28  communications services in a nondiscriminatory and

29  competitively neutral manner with respect to the payment of

30  permit fees, each municipality and charter county shall make

31  an election under either sub-subparagraph a. or

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  1  sub-subparagraph b. and must inform the Department of Revenue

  2  of the election by certified mail by July 16 1, 2001. Such

  3  election shall take effect October 1, 2001.

  4         a.(I)  The municipality or charter county may require

  5  and collect permit fees from any providers of communications

  6  services that use or occupy municipal or county roads or

  7  rights-of-way. All fees permitted under this sub-subparagraph

  8  must be reasonable and commensurate with the direct and actual

  9  cost of the regulatory activity, including issuing and

10  processing permits, plan reviews, physical inspection, and

11  direct administrative costs; must be demonstrable; and must be

12  equitable among users of the roads or rights-of-way. A fee

13  permitted under this sub-subparagraph may not: be offset

14  against the tax imposed under chapter 202; include the costs

15  of roads or rights-of-way acquisition or roads or

16  rights-of-way rental; include any general administrative,

17  management, or maintenance costs of the roads or

18  rights-of-way; or be based on a percentage of the value or

19  costs associated with the work to be performed on the roads or

20  rights-of-way. In an action to recover amounts due for a fee

21  not permitted under this sub-subparagraph, the prevailing

22  party may recover court costs and attorney's fees at trial and

23  on appeal. In addition to the limitations set forth in this

24  section, a fee levied by a municipality or charter county

25  under this sub-subparagraph may not exceed $100. However,

26  permit fees may not be imposed with respect to permits that

27  may be required for service drop lines not required to be

28  noticed under s. 556.108(5)(b) or for any activity that does

29  not require the physical disturbance of the roads or

30  rights-of-way or does not impair access to or full use of the

31  roads or rights-of-way.

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  1         (II)  To ensure competitive neutrality among providers

  2  of communications services, for any municipality or charter

  3  county that elects to exercise its authority to require and

  4  collect permit fees under this sub-subparagraph, the rate of

  5  the local communications services tax imposed by such

  6  jurisdiction, as computed under s. 202.20(1) and (2), shall

  7  automatically be reduced by a rate of 0.12 percent.

  8         b.  Alternatively, the municipality or charter county

  9  may elect not to require and collect permit fees from any

10  provider of communications services that uses or occupies

11  municipal or charter county roads or rights-of-way for the

12  provision of communications services; however, each

13  municipality or charter county that elects to operate under

14  this sub-subparagraph retains all authority to establish rules

15  and regulations for providers of communications services to

16  use or occupy roads or rights-of-way as provided in this

17  section. If a municipality or charter county elects to operate

18  under this sub-subparagraph, the total rate for the local

19  communications services tax as computed under s. 202.20(1) and

20  (2) for that municipality or charter county may be increased

21  by ordinance or resolution by an amount not to exceed a rate

22  of 0.12 percent. If a municipality or charter county elects to

23  increase its rate effective October 1, 2001, the municipality

24  or charter county shall inform the department of such

25  increased rate by certified mail postmarked on or before July

26  16, 2001.

27         c.  A municipality or charter county that does not make

28  an election as provided for in this subparagraph shall be

29  presumed to have elected to operate under the provisions of

30  sub-subparagraph b.

31

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  1         2.  Each noncharter county shall make an election under

  2  either sub-subparagraph a. or sub-subparagraph b. and shall

  3  inform the Department of Revenue of the election by certified

  4  mail by July 16 1, 2001. Such election shall take effect

  5  October 1, 2001.

  6         a.  The noncharter county may elect to require and

  7  collect permit fees from any providers of communications

  8  services that use or occupy noncharter county roads or

  9  rights-of-way. All fees permitted under this sub-subparagraph

10  must be reasonable and commensurate with the direct and actual

11  cost of the regulatory activity, including issuing and

12  processing permits, plan reviews, physical inspection, and

13  direct administrative costs; must be demonstrable; and must be

14  equitable among users of the roads or rights-of-way. A fee

15  permitted under this sub-subparagraph may not: be offset

16  against the tax imposed under chapter 202; include the costs

17  of roads or rights-of-way acquisition or roads or

18  rights-of-way rental; include any general administrative,

19  management, or maintenance costs of the roads or

20  rights-of-way; or be based on a percentage of the value or

21  costs associated with the work to be performed on the roads or

22  rights-of-way. In an action to recover amounts due for a fee

23  not permitted under this sub-subparagraph, the prevailing

24  party may recover court costs and attorney's fees at trial and

25  on appeal. In addition to the limitations set forth in this

26  section, a fee levied by a noncharter county under this

27  sub-subparagraph may not exceed $100. However, permit fees may

28  not be imposed with respect to permits that may be required

29  for service drop lines not required to be noticed under s.

30  556.108(5)(b) or for any activity that does not require the

31

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  1  physical disturbance of the roads or rights-of-way or does not

  2  impair access to or full use of the roads or rights-of-way.

  3         b.  Alternatively, the noncharter county may elect not

  4  to require and collect permit fees from any provider of

  5  communications services that uses or occupies noncharter

  6  county roads or rights-of-way for the provision of

  7  communications services; however, each noncharter county that

  8  elects to operate under this sub-subparagraph shall retain all

  9  authority to establish rules and regulations for providers of

10  communications services to use or occupy roads or

11  rights-of-way as provided in this section. If a noncharter

12  county elects to operate under this sub-subparagraph, the

13  total rate for the local communications services tax as

14  computed under s. 202.20(1) and (2) for that noncharter county

15  may be increased by ordinance or resolution by an amount not

16  to exceed a rate of 0.24 percent, to replace the revenue the

17  noncharter county would otherwise have received from permit

18  fees for providers of communications services. If a noncharter

19  county elects to increase its rate effective October 1, 2001,

20  the noncharter county shall inform the department of such

21  increased rate by certified mail postmarked on or before July

22  16, 2001.

23         c.  A noncharter county that does not make an election

24  as provided for in this subparagraph shall be presumed to have

25  elected to operate under the provisions of sub-subparagraph b.

26         3.  Except as provided in this paragraph,

27  municipalities and counties retain all existing authority to

28  require and collect permit fees from users or occupants of

29  municipal or county roads or rights-of-way and to set

30  appropriate permit fee amounts.

31

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  1         Section 26.  Paragraphs (f) and (g) of subsection (3)

  2  of section 337.401, Florida Statutes, as amended by section 51

  3  of chapter 2000-260, Laws of Florida, are repealed, paragraphs

  4  (a), (c), (e), and (h) of said subsection are amended, new

  5  paragraphs (j) and (k) are added to said subsection, and

  6  subsections (4) and (5) of said section are amended, to read:

  7         337.401  Use of right-of-way for utilities subject to

  8  regulation; permit; fees.--

  9         (3)(a)1.  Because of the unique circumstances

10  applicable to providers of communications services, including,

11  but not limited to, the circumstances described in paragraph

12  (e) and the fact that federal and state law require the

13  nondiscriminatory treatment of providers of telecommunications

14  services, and because of the desire to promote competition

15  among providers of communications services, it is the intent

16  of the Legislature that municipalities and counties treat

17  providers of communications services in a nondiscriminatory

18  and competitively neutral manner when imposing rules or

19  regulations governing the placement or maintenance of

20  communications facilities in the public roads or

21  rights-of-way. Rules or regulations imposed by a municipality

22  or county relating to providers of communications services

23  placing or maintaining communications facilities in its roads

24  or rights-of-way must be generally applicable to all providers

25  of communications services and, notwithstanding any other law,

26  may not require a provider of communications services, except

27  as otherwise provided in subparagraph 2. paragraph (f), to

28  apply for or enter into an individual license, franchise, or

29  other agreement with the municipality or county as a condition

30  of placing or maintaining communications facilities in its

31  roads or rights-of-way. In addition to other reasonable rules

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  1  or regulations that a municipality or county may adopt

  2  relating to the placement or maintenance of communications

  3  facilities in its roads or rights-of-way under this

  4  subsection, a municipality or county may require a provider of

  5  communications services that places or seeks to place

  6  facilities in its roads or rights-of-way to register with the

  7  municipality or county and to provide the name of the

  8  registrant; the name, address, and telephone number of a

  9  contact person for the registrant; the number of the

10  registrant's current certificate of authorization issued by

11  the Florida Public Service Commission or the Federal

12  Communications Commission; and proof of insurance or

13  self-insuring status adequate to defend and cover claims.

14         2.  Notwithstanding the provisions of subparagraph 1.,

15  a municipality or county may, as provided by 47 U.S.C. s. 541,

16  award one or more franchises within its jurisdiction for the

17  provision of cable service, and a provider of cable service

18  shall not provide cable service without such franchise. Each

19  municipality and county retains authority to negotiate all

20  terms and conditions of a cable service franchise allowed by

21  federal law and s. 166.046, except those terms and conditions

22  related to franchise fees and the definition of gross revenues

23  or other definitions or methodologies related to the payment

24  or assessment of franchise fees and permit fees as provided in

25  paragraph (c) on providers of cable services. A municipality

26  or county may exercise its right to require from providers of

27  cable service in-kind requirements, including, but not limited

28  to, institutional networks, and contributions for, or in

29  support of, the use or construction of public, educational, or

30  governmental access facilities to the extent permitted by

31  federal law. A provider of cable service may exercise its

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  1  right to recover any such expenses associated with such

  2  in-kind requirements, to the extent permitted by federal law.

  3         (c)1.  It is the intention of the state to treat all

  4  providers of communications services that use or occupy

  5  municipal or charter county roads or rights-of-way for the

  6  provision of communications services in a nondiscriminatory

  7  and competitively neutral manner with respect to the payment

  8  of permit fees. Certain providers of communications services

  9  have been granted by general law the authority to offset

10  permit fees against franchise or other fees while other

11  providers of communications services have not been granted

12  this authority. In order to treat all providers of

13  communications services in a nondiscriminatory and

14  competitively neutral manner with respect to the payment of

15  permit fees, each municipality and charter county shall make

16  an election under either sub-subparagraph a. or

17  sub-subparagraph b. and must inform the Department of Revenue

18  of the election by certified mail by July 16 1, 2001. Such

19  election shall take effect October 1, 2001.

20         a.(I)  The municipality or charter county may require

21  and collect permit fees from any providers of communications

22  services that use or occupy municipal or county roads or

23  rights-of-way. All fees permitted under this sub-subparagraph

24  must be reasonable and commensurate with the direct and actual

25  cost of the regulatory activity, including issuing and

26  processing permits, plan reviews, physical inspection, and

27  direct administrative costs; must be demonstrable; and must be

28  equitable among users of the roads or rights-of-way. A fee

29  permitted under this sub-subparagraph may not: be offset

30  against the tax imposed under chapter 202; include the costs

31  of roads or rights-of-way acquisition or roads or

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  1  rights-of-way rental; include any general administrative,

  2  management, or maintenance costs of the roads or

  3  rights-of-way; or be based on a percentage of the value or

  4  costs associated with the work to be performed on the roads or

  5  rights-of-way. In an action to recover amounts due for a fee

  6  not permitted under this sub-subparagraph, the prevailing

  7  party may recover court costs and attorney's fees at trial and

  8  on appeal. In addition to the limitations set forth in this

  9  section, a fee levied by a municipality or charter county

10  under this sub-subparagraph may not exceed $100. However,

11  permit fees may not be imposed with respect to permits that

12  may be required for service drop lines not required to be

13  noticed under s. 556.108(5)(b) or for any activity that does

14  not require the physical disturbance of the roads or

15  rights-of-way or does not impair access to or full use of the

16  roads or rights-of-way.

17         (II)  To ensure competitive neutrality among providers

18  of communications services, for any municipality or charter

19  county that elects to exercise its authority to require and

20  collect permit fees under this sub-subparagraph, the rate of

21  the local communications services tax imposed by such

22  jurisdiction, as computed under s. 202.20(1) and (2), shall

23  automatically be reduced by a rate of 0.12 percent.

24         b.  Alternatively, the municipality or charter county

25  may elect not to require and collect permit fees from any

26  provider of communications services that uses or occupies

27  municipal or charter county roads or rights-of-way for the

28  provision of communications services; however, each

29  municipality or charter county that elects to operate under

30  this sub-subparagraph retains all authority to establish rules

31  and regulations for providers of communications services to

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  1  use or occupy roads or rights-of-way as provided in this

  2  section. If a municipality or charter county elects to operate

  3  under this sub-subparagraph, the total rate for the local

  4  communications services tax as computed under s. 202.20(1) and

  5  (2) for that municipality or charter county may be increased

  6  by ordinance or resolution by an amount not to exceed a rate

  7  of 0.12 percent. If a municipality or charter county elects to

  8  increase its rate effective October 1, 2001, the municipality

  9  or charter county shall inform the department of such

10  increased rate by certified mail postmarked on or before July

11  16, 2001.

12         c.  A municipality or charter county that does not make

13  an election as provided for in this subparagraph shall be

14  presumed to have elected to operate under the provisions of

15  sub-subparagraph b.

16         2.  Each noncharter county shall make an election under

17  either sub-subparagraph a. or sub-subparagraph b. and shall

18  inform the Department of Revenue of the election by certified

19  mail by July 16 1, 2001. Such election shall take effect

20  October 1, 2001.

21         a.  The noncharter county may elect to require and

22  collect permit fees from any providers of communications

23  services that use or occupy noncharter county roads or

24  rights-of-way. All fees permitted under this sub-subparagraph

25  must be reasonable and commensurate with the direct and actual

26  cost of the regulatory activity, including issuing and

27  processing permits, plan reviews, physical inspection, and

28  direct administrative costs; must be demonstrable; and must be

29  equitable among users of the roads or rights-of-way. A fee

30  permitted under this sub-subparagraph may not: be offset

31  against the tax imposed under chapter 202; include the costs

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  1  of roads or rights-of-way acquisition or roads or

  2  rights-of-way rental; include any general administrative,

  3  management, or maintenance costs of the roads or

  4  rights-of-way; or be based on a percentage of the value or

  5  costs associated with the work to be performed on the roads or

  6  rights-of-way. In an action to recover amounts due for a fee

  7  not permitted under this sub-subparagraph, the prevailing

  8  party may recover court costs and attorney's fees at trial and

  9  on appeal. In addition to the limitations set forth in this

10  section, a fee levied by a noncharter county under this

11  sub-subparagraph may not exceed $100. However, permit fees may

12  not be imposed with respect to permits that may be required

13  for service drop lines not required to be noticed under s.

14  556.108(5)(b) or for any activity that does not require the

15  physical disturbance of the roads or rights-of-way or does not

16  impair access to or full use of the roads or rights-of-way.

17         b.  Alternatively, the noncharter county may elect not

18  to require and collect permit fees from any provider of

19  communications services that uses or occupies noncharter

20  county roads or rights-of-way for the provision of

21  communications services; however, each noncharter county that

22  elects to operate under this sub-subparagraph shall retain all

23  authority to establish rules and regulations for providers of

24  communications services to use or occupy roads or

25  rights-of-way as provided in this section. If a noncharter

26  county elects to operate under this sub-subparagraph, the

27  total rate for the local communications services tax as

28  computed under s. 202.20(1) and (2) for that noncharter county

29  may be increased by ordinance or resolution by an amount not

30  to exceed a rate of 0.24 percent, to replace the revenue the

31  noncharter county would otherwise have received from permit

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  1  fees for providers of communications services. If a noncharter

  2  county elects to increase its rate effective October 1, 2001,

  3  the noncharter county shall inform the department of such

  4  increased rate by certified mail postmarked on or before July

  5  16, 2001.

  6         c.  A noncharter county that does not make an election

  7  as provided for in this subparagraph shall be presumed to have

  8  elected to operate under the provisions of sub-subparagraph b.

  9         3.  Except as provided in this paragraph,

10  municipalities and counties retain all existing authority to

11  require and collect permit fees from users or occupants of

12  municipal or county roads or rights-of-way and to set

13  appropriate permit fee amounts.

14         (e)  The authority of municipalities and counties to

15  require franchise fees from providers of communications

16  services, with respect to the provision of communications

17  services, is specifically preempted by the state, except as

18  otherwise provided in subparagraph (a)2. paragraph (f),

19  because of unique circumstances applicable to providers of

20  communications services when compared to other utilities

21  occupying municipal or county roads or rights-of-way.

22  Providers of communications services may provide similar

23  services in a manner that requires the placement of facilities

24  in municipal or county roads or rights-of-way or in a manner

25  that does not require the placement of facilities in such

26  roads or rights-of-way. Although similar communications

27  services may be provided by different means, the state desires

28  to treat providers of communications services in a

29  nondiscriminatory manner and to have the taxes, franchise

30  fees, and other fees paid by providers of communications

31  services be competitively neutral. Municipalities and counties

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  1  retain all existing authority, if any, to collect franchise

  2  fees from users or occupants of municipal or county roads or

  3  rights-of-way other than providers of communications services,

  4  and the provisions of this subsection shall have no effect

  5  upon this authority. The provisions of this subsection do not

  6  restrict the authority, if any, of municipalities or counties

  7  or other governmental entities to receive reasonable rental

  8  fees based on fair market value for the use of public lands

  9  and buildings on property outside the public roads or

10  rights-of-way for the placement of communications antennas and

11  towers.

12         (f)(h)  Except as expressly allowed or authorized by

13  general law and except for the rights-of-way permit fees

14  subject to paragraph (c), a municipality or county may not

15  levy on a provider of communications services a tax, fee, or

16  other charge or imposition for operating as a provider of

17  communications services within the jurisdiction of the

18  municipality or county which is in any way related to using

19  its roads or rights-of-way. A municipality or county may not

20  require or solicit in-kind compensation, except as otherwise

21  provided in subparagraph (a)2. paragraph (f). Nothing in this

22  paragraph shall impair any ordinance or agreement in effect on

23  May 22, 1998, or any voluntary agreement entered into

24  subsequent to that date, which provides for or allows in-kind

25  compensation by a telecommunications company.

26         (j)  Pursuant to this paragraph, any county or

27  municipality may by ordinance change either its election made

28  on or before July 16, 2001, under paragraph (c) or an election

29  previously made under this paragraph.

30         1.a.  If a municipality or charter county changes its

31  election under this paragraph in order to exercise its

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  1  authority to require and collect permit fees in accordance

  2  with this subsection, the rate of the local communications

  3  services tax imposed by such jurisdiction pursuant to ss.

  4  202.19 and 202.20 shall automatically be reduced by the sum of

  5  0.12 percent plus the percentage, if any, by which such rate

  6  was increased pursuant to sub-subparagraph (c)1.b.

  7         b.  If a municipality or charter county changes its

  8  election under this paragraph in order to discontinue

  9  requiring and collecting permit fees, the rate of the local

10  communications services tax imposed by such jurisdiction

11  pursuant to ss. 202.19 and 202.20 may be increased by

12  ordinance or resolution by an amount not to exceed 0.24

13  percent.

14         2.  If a noncharter county changes its election under

15  this paragraph in order to exercise its authority to require

16  and collect permit fees in accordance with this subsection,

17  the rate of the local communications services tax imposed by

18  such jurisdiction pursuant to ss. 202.19 and 202.20 shall

19  automatically be reduced by the percentage, if any, by which

20  such rate was increased pursuant to sub-subparagraph (c)2.b.

21         3.a.  Any change of election pursuant to this paragraph

22  and any tax rate change resulting from such change of election

23  shall be subject to the notice requirements of s. 202.21;

24  however, no such change of election shall become effective

25  prior to January 1, 2003.

26         b.  Any county or municipality changing its election

27  under this paragraph in order to exercise its authority to

28  require and collect permit fees shall, in addition to

29  complying with the notice requirements under s. 202.21,

30  provide to all dealers providing communications services in

31  such jurisdiction written notice of such change of election by

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  1  July 1 immediately preceding the January 1 on which such

  2  change of election becomes effective. For purposes of this

  3  sub-subparagraph, dealers providing communications services in

  4  such jurisdiction shall include every dealer reporting tax to

  5  such jurisdiction pursuant to s. 202.37 on the return required

  6  under s. 202.27 to be filed on or before the 20th day of May

  7  immediately preceding the January 1 on which such change of

  8  election becomes effective.

  9         (k)  Notwithstanding the provisions of s. 202.19, when

10  a local communications services tax rate is changed as a

11  result of an election made or changed under this subsection,

12  such rate shall not be rounded to tenths.

13         (4)  As used in this section, "communications services"

14  has and "cable services" have the same meaning meanings

15  ascribed in chapter 202, and "cable service" has the same

16  meaning ascribed in 47 U.S.C. s. 522, as amended.

17         (5)  This section, except subsections (1) and (2) and

18  paragraph (3)(g)(i), does not apply to the provision of pay

19  telephone service on public, municipal, or county roads or

20  rights-of-way.

21         Section 27.  Notwithstanding any provision of law to

22  the contrary, the provisions of s. 166.234, Florida Statutes,

23  shall continue to apply with respect to all public service

24  taxes imposed on telecommunications services under s.

25  166.231(9), Florida Statutes, prior to its amendment by

26  chapter 2000-260, Laws of Florida.

27         Section 28.  (1)  Notwithstanding any law or ordinance

28  to the contrary, and regardless of the payment schedule

29  contained in any license, franchise, ordinance, or other

30  arrangement that provides for payment after December 31, 2001,

31  all franchise fees required to be paid by cable or

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  1  telecommunications service providers with respect to cable or

  2  telecommunications services provided prior to October 1, 2001,

  3  shall be paid on or before December 31, 2001.

  4         (2)  For services provided prior to October 1, 2001,

  5  all franchise fees required to be paid prior to October 1,

  6  2001, under any license, franchise, ordinance, or other

  7  arrangement shall be paid as provided in such license,

  8  franchise, ordinance, or other arrangement. Cable and

  9  telecommunications services providers shall be obligated to

10  remit franchise fees collected from subscribers for services

11  billed prior to October 1, 2001, regardless of their actual

12  collection date.

13         Section 29.  Effective upon this act becoming a law,

14  section 52, subsections (1) and (2) of section 58, and section

15  59 of chapter 2000-260, Laws of Florida, are repealed.

16         Section 30.  Except as otherwise provided herein, this

17  act shall take effect October 1, 2001.

18

19            *****************************************

20                          HOUSE SUMMARY

21
      Provides that ch. 202, F.S., the Communications Services
22    Tax Simplification Law, and related statutory changes,
      shall take effect October 1, 2001. As originally enacted
23    by the 2000 Legislature, these provisions were scheduled
      to be repealed prior to their effective date. Specifies
24    the applicable tax rates. Provides various clarifying and
      transitional provisions, including provisions relating to
25    disposition of proceeds, local tax rates, determination
      of local tax situs, and refunds. Provides for application
26    of tax to private communications services and mobile
      communications services. See bill for details.
27

28

29

30

31

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