House Bill hb1889c1

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    Florida House of Representatives - 2001             CS/HB 1889

        By the Committees on Fiscal Policy & Resources, Utilities
    & Telecommunications and Representatives Ritter, Barreiro,
    Greenstein, Smith, Henriquez, Sobel, Holloway, Kosmas,
    Maygarden, Spratt, Kendrick, Bullard, Cantens, Arza,
    (Additional Sponsors on Last Printed Page)


  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; requiring

  9         adjustment of the tax rate if revenues received

10         for a specified period exceed a specified

11         threshold; authorizing local governments to

12         increase the tax rate established by the

13         Revenue Estimating Conference and approved by

14         the Legislature to the maximum tax rate so

15         established and approved; amending s. 202.21,

16         F.S.; conforming language; amending s. 202.22,

17         F.S., relating to determination of local tax

18         situs for a local communications services tax;

19         revising requirements relating to use of

20         enhanced zip codes; revising requirements

21         relating to certification or recertification of

22         a database by the department; specifying effect

23         when certain applications for certification are

24         not approved or denied within the required time

25         period; revising provisions relating to a

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

27         amount of dealer's credit allowed when an

28         alternative method of assigning service

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

30         providing requirements for refunds when excess

31         communications services tax has been paid;

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

  2         requirements for provision of information by

  3         the department to local taxing jurisdictions;

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

  5         limitations on local taxes and fees imposed on

  6         dealers of communications services; deleting

  7         language relating to legislative review;

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

  9         for adoption of rules by the department with

10         respect to collection of information no longer

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

12         provisions which allow certain dealers making

13         sales in more than one location to file a

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

15         including persons collecting the gross receipts

16         tax in provisions relating to the dealer's

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

18         requirements for audits conducted with respect

19         to local communications services taxes;

20         providing that certain persons or entities may

21         provide evidence to the department regarding

22         failure to report taxable sales and providing

23         authority of the department with respect

24         thereto; creating s. 202.38, F.S.; providing

25         for credits or refunds under ch. 202, F.S., for

26         certain bad debts or adjustments with respect

27         to taxes under ch. 212, F.S., or ch. 166, F.S.,

28         billed prior to October 1, 2001, and no longer

29         subject to tax; creating s. 202.381, F.S.;

30         providing requirements with respect to

31         implementation of ch. 202, F.S., and ch.

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  1         2000-260, Laws of Florida, and transition from

  2         the previous tax structure; amending s. 203.01,

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

  4         tax on communications services; amending s.

  5         212.031, F.S.; conforming language; amending s.

  6         212.20, F.S.; removing provisions relating to

  7         deposit of certain proceeds under ch. 212,

  8         F.S., in the Mail Order Sales Tax Clearing

  9         Trust Fund; amending ss. 11.45, 218.65, and

10         288.1169, F.S.; correcting references; amending

11         s. 212.202, F.S.; renaming the Mail Order Sales

12         Tax Clearing Trust Fund as the Communications

13         Services Tax Clearing Trust Fund; amending s.

14         337.401, F.S.; revising dates for notice of

15         election by municipalities and counties

16         regarding imposition of permit fees to the

17         department; providing that a municipality or

18         county that elects not to impose permit fees on

19         communications services providers may increase

20         its local tax rate by resolution; requiring

21         notice to the department; repealing s.

22         337.401(3)(f) and (g), F.S., relating to the

23         authority of municipalities and counties to

24         request in-kind requirements from cable service

25         providers and to negotiate cable service

26         franchises, and revising and relocating such

27         provisions under said section; providing

28         relationship of provisions relating to

29         regulation of placement or maintenance of

30         communications facilities in public roads or

31         rights-of-way by counties or municipalities to

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  1         zoning or land use authority; providing status

  2         of registration under such provisions;

  3         authorizing municipalities and counties to

  4         change their election regarding imposition of

  5         permit fees and providing for adjustment of tax

  6         rates; providing notice requirements; revising

  7         definitions; specifying continued application

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

  9         and rights and remedies, to municipal public

10         service taxes on telecommunications services

11         imposed prior to October 1, 2001; providing for

12         payment of franchise fees by cable or

13         telecommunications service providers with

14         respect to services provided prior to October

15         1, 2001; providing for severability; repealing

16         s. 52 of ch. 2000-260, Laws of Florida, which

17         provides for a legislative study during the

18         2001 session; repealing s. 58(1) of ch.

19         2000-260, Laws of Florida, which provides for

20         the June 30, 2001, repeal of those

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

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

23         2000-260, Laws of Florida, which provides for

24         the June 30, 2001, repeal of the following

25         provisions prior to their October 1, 2001,

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

27         which provides for the taxation of the sale of

28         communications services; other statutory

29         amendments which provide related administrative

30         provisions; provisions which remove levy of the

31         municipal public service tax on

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  1         telecommunication services; provisions which

  2         provide for a gross receipts tax on

  3         communications services to be applied pursuant

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

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

  6         telecommunication service; provisions relating

  7         to the authority of counties and municipalities

  8         to regulate the placement of telecommunications

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

10         impose permit fees and franchise fees; and

11         provisions relating to the application of

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

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

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

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

16         authority of counties and municipalities to

17         regulate the placement of telecommunications

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

19         impose permit fees and franchise fees, to

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

21         Florida, which took effect January 1, 2001;

22         providing effective dates.

23

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

25

26         Section 1.  Section 202.105, Florida Statutes, is

27  created to read:

28         202.105  Declaration of legislative findings and

29  intent.--

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

31  finding that the creation of this chapter fulfills important

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

  2  efficient, and uniform method for taxing communications

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

  4  continued economic vitality of this increasingly important

  5  industry because it restructures state and local taxes and

  6  fees to account for the impact of federal legislation,

  7  industry deregulation, and the convergence of service

  8  offerings that is now taking place among providers. This

  9  chapter promotes the increased competition that accompanies

10  deregulation by embracing a competitively neutral tax policy

11  that will free consumers to choose a provider based on

12  tax-neutral considerations.  This chapter further spurs new

13  competition by simplifying an extremely complicated state and

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

15  of collecting taxes and fees, increase service availability,

16  and place downward pressure on price.  Newfound administrative

17  efficiency is demonstrated by a reduction in the number of

18  returns that a provider must file each month.  By

19  restructuring separate taxes and fees into a revenue-neutral

20  communications services tax centrally administered by the

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

22  industry is unimpaired by excessive governmental regulation.

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

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

25  taxes imposed and administered pursuant to this chapter are of

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

27  and nondiscriminatory manner.

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

29  finding that this chapter will not reduce the authority that

30  municipalities or counties had to raise revenue in the

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

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

  2  202.11, Florida Statutes, are amended, subsection (18) is

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

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

  5  (20), (21), (22), (23), (24), and (25) are added to said

  6  section, to read:

  7         202.11  Definitions.--As used in this chapter:

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

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

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

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

12  programming is transmitted over facilities owned or operated

13  by the cable service provider or over facilities owned or

14  operated by one or more other dealers of communications

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

16  point-to-multipoint distribution services by which programming

17  is transmitted or broadcast by microwave or other equipment

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

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

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

21         (8)  "Mobile communications service" means commercial

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

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

24  communications service, whether identified by the dealer as

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

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

27  mobile stations communicating among themselves, and includes,

28  but is not limited to, cellular communications services,

29  personal communications services, paging services, specialized

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

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

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

  2  22.99 as in effect on June 1, 1999.

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

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

  5  right or privilege of using communications services in this

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

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

  8  not be reduced by any separately identified components of the

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

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

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

12  universal-service fund fees.

13         (a)  The sales price of communications services shall

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

15  any of the following:

16         1.  Separately identified components of the charge or

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

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

19  taxes, taxes measured by net income, and federal

20  universal-service fund fees.

21         1.2.  The connection, movement, change, or termination

22  of communications services.

23         2.3.  The detailed billing of communications services.

24         3.4.  The sale of directory listings in connection with

25  a communications service.

26         4.5.  Central office and custom calling features.

27         5.6.  Voice mail and other messaging service.

28         6.7.  Directory assistance.

29         7.  The service of sending or receiving a document

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

31

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  1  performed during the course of providing professional or

  2  advertising services.

  3         (b)  The sales price of communications services does

  4  not include charges for any of the following:

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

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

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

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

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

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

11  stated separately.

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

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

14  to, regulatory fees and emergency telephone surcharges, which

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

16  fee or assessment is separately stated.

17         3.  Communications services Local telephone service

18  paid for by inserting coins into coin-operated communications

19  devices available to the public.

20         4.  The sale or recharge of a prepaid calling

21  arrangement.

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

23  services, defined as a radio service provided to purchasers

24  while on board an aircraft.

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

26  in connection with its business of providing communications

27  services.

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

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

30  are stated separately from the charges for communications

31  services.

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  1         (15)  "Service address" means:

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

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

  4  the communications equipment from which communications

  5  services originate or at which communications services are

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

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

  8  case of mobile communications services, paging systems,

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

10  similar services, the term means the location determined by

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

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

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

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

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

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

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

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

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

20  digits of the seven-digit originating telephone number.

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

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

23  customer receives the services in this state.

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

25  customer's place of primary use.

26         (16)  "Substitute communications system" means any

27  telephone system, or other system capable of providing

28  communications services, which a person purchases, installs,

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

30  herself with services used as a substitute for any switched

31  service or dedicated facility by which communications services

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  1  provided by a dealer of communications services provides a

  2  communication path.

  3         (18)  "Private communications service" means a

  4  communications service that entitles the subscriber or user to

  5  exclusive or priority use of a communications channel or group

  6  of channels between or among channel termination points,

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

  8  connected, and includes switching capacity, extension lines,

  9  stations, and any other associated services which are provided

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

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

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

13  service provider for mobile communications services; or

14         2.  If the end user of mobile communications services

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

16  communications service. This subparagraph only applies for the

17  purpose of determining the place of primary use.

18         (b)  "Customer" does not include:

19         1.  A reseller of mobile communications services; or

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

21  customer outside the home service provider's licensed service

22  area.

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

24  zip code of 9 or more digits.

25         (21)  "Home service provider" means the

26  facilities-based carrier or reseller with which the customer

27  contracts for the provision of mobile communications services.

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

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

30  contract to provide mobile communications service to the

31  customer.

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

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

  3  communications service primarily occurs, which must be:

  4         (a)  The residential street address or the primary

  5  business street address of the customer; and

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

  7  service provider.

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

  9  communications services from another communications service

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

11  integrates the purchased services into a mobile communications

12  service.

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

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

15  customers outside the home service provider's licensed service

16  area.

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

18  carrier providing mobile communications service to a customer

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

20  service area.

21         Section 3.  Effective with respect to bills issued by

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

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

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

25  effective with respect to bills issued by communications

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

27  added to subsection (1), to read:

28         202.12  Sales of communications services.--The

29  Legislature finds that every person who engages in the

30  business of selling communications services at retail in this

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

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  1  the Legislature that the tax imposed by chapter 203 be

  2  administered as provided in this chapter.

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

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

  5  payable as follows:

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

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

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

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

10  satellite service, which:

11         1.  Originates and terminates in this state, or

12         2.  Originates or terminates in this state and is

13  charged to a service address in this state,

14

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

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

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

18  transactions and remitted with the tax imposed by this

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

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

21  nevertheless be collected and remitted in the manner and at

22  the time prescribed for tax collections and remittances under

23  this chapter.

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

25  actual cost of operating a substitute communications system,

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

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

28  communications system to conduct a business of providing

29  communications services or any communications system operated

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

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

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

  2  with the tax imposed by this paragraph.

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

  4  the Revenue Estimating Conference and approved by the

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

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

  7  the Revenue Estimating Conference shall be the sum of:

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

  9         2.  The weighted average, based on the aggregate

10  population in the respective taxing jurisdictions, of the rate

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

12  charter counties and the rate computed under such subparagraph

13  for all other counties.

14

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

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

17  The gross receipts tax imposed by chapter 203 shall be

18  collected on the same taxable transactions and remitted with

19  the tax imposed by this paragraph.

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

21  sales price of private communications services provided within

22  this state. In determining the sales price of private

23  communications services subject to tax, the communications

24  service provider shall be entitled to use any method that

25  reasonably allocates the total charges among the states in

26  which channel termination points are located. An allocation

27  method is deemed to be reasonable for purposes of this

28  paragraph if the communications service provider regularly

29  used such method for Florida tax purposes prior to December

30  31, 2000. If a communications service provider uses a

31  reasonable allocation method, such provider shall be held

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

  2  penalty based on a different allocation method. The gross

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

  4  same taxable transactions and remitted with the tax imposed by

  5  this paragraph.

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

  7  the sales price of all mobile communications services deemed

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

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

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

11  address is located within this state.

12         (2)  A dealer of taxable communications services shall

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

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

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

16  services prescribed in chapter 203 and the applicable rate of

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

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

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

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

21  to the department, identify the portion thereof which consists

22  of taxes remitted pursuant to chapter 203. Return forms

23  prescribed by the department shall facilitate such reporting.

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

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

26  203.01(1)(a)2. shall not exceed $100,000 per calendar year on

27  charges to any person for interstate communications services

28  that originate outside this state and terminate within this

29  state.  This subsection applies only to holders of a

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

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

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

  2  direct-pay permit to the purchaser of communications services

  3  authorizing such purchaser to pay the Florida communications

  4  services tax on such services directly to the department if

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

  6  communications originating outside of this state and

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

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

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

10  of communications services furnishing communications services

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

12  obligation to collect and remit the taxes imposed under this

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

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

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

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

17  entities or entities controlled by one person or group of

18  persons.

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

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

21  by this act, is amended to read:

22         202.12  Sales of communications services.--The

23  Legislature finds that every person who engages in the

24  business of selling communications services at retail in this

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

26  the Legislature that the tax imposed by chapter 203 be

27  administered as provided in this chapter.

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

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

30  payable as follows:

31

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

  2  sales price of private communications services provided within

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

  4  following provisions:.

  5         1.  Any charge with respect to a channel termination

  6  point located within this state;

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

  8  channel termination points located in this state; and

  9         3.  Where channel termination points are located both

10  within and outside of this state:

11         a.  If any segment between two such channel termination

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

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

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

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

16  of channel termination points within this state and the

17  denominator of which is the total number of channel

18  termination points of the circuit. In determining the sales

19  price of private communications services subject to tax, the

20  communications service provider shall be entitled to use any

21  method that reasonably allocates the total charges among the

22  states in which channel termination points are located. An

23  allocation method is deemed to be reasonable for purposes of

24  this paragraph if the communications service provider

25  regularly used such method for Florida tax purposes prior to

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

27  reasonable allocation method, such provider shall be held

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

29  penalty based on a different allocation method.

30

31

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  1  The gross receipts tax imposed by chapter 203 shall be

  2  collected on the same taxable transactions and remitted with

  3  the tax imposed by this paragraph.

  4         Section 5.  Effective with respect to bills issued by

  5  communications services providers after August 1, 2002,

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

  7         202.155  Special rules for mobile communications

  8  services.--

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

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

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

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

13  in good faith:

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

15  rely on the applicable residential or business street address

16  supplied by such customer.

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

18  from liability for any additional taxes imposed by or pursuant

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

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

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

22  service provider shall be allowed to treat the address used

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

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

25  use for the remaining term of such service contract or

26  agreement, excluding any extension or renewal of such service

27  contract or agreement.

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

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

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

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

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

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

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

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

  5  provider shall begin using the correct address within 120

  6  days.

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

  8  service provider of its intent to redetermine the assignment

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

10  202.22. If a final order is entered ruling that the

11  jurisdiction assigned by the home service provider is

12  incorrect, the department shall notify the home service

13  provider of the proper jurisdictional assignment. The home

14  service provider shall begin using the correct jurisdictional

15  assignment within 120 days.

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

17  subject to the taxes administered pursuant to this chapter,

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

19  not separately stated from the sales price of services subject

20  to tax, then the nontaxable mobile communications service

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

22  service provider can reasonably identify the sales price of

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

24  in the regular course of business.

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

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

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

28  customer's home service provider separately states the sales

29  price of such nontaxable services or the home service provider

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

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

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

  2  are kept in the regular course of business that reasonably

  3  identifies the sales price of such nontaxable service.

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

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

  6  amended to read:

  7         202.16  Payment.--The taxes imposed or administered

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

  9  dealers of taxable communications services on the sale at

10  retail in this state of communications services taxable under

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

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

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

14  in the same manner as a cash sale.

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

16  202.12(1)(b) and 202.15, the taxes collected under this

17  chapter and chapter 203, including any penalties or interest

18  attributable to the nonpayment of such taxes or for

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

20  by the purchaser of the communications service and shall be

21  collected from such person by the dealer of communications

22  services.

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

24  communications services imposed pursuant to this chapter and

25  chapter 203, the department shall make available in an

26  electronic format or otherwise prescribe by rule the tax

27  amounts and brackets applicable to each taxable sale such that

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

29  rate imposed pursuant to this chapter and chapter 203.

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

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

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  1         202.17  Registration.--

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

  3  dealer of communications services must file with the

  4  department an application for a certificate of registration.

  5  Registration under this section does not constitute

  6  registration with a municipality or county for the purpose of

  7  placing and maintaining communications facilities in municipal

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

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

10  providing communications services without first obtaining a

11  certificate of registration. The failure or refusal to submit

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

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

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

15  who fails or refuses to register shall pay an initial

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

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

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

19  reasonable cause.

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

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

22  the General Revenue Fund, and must set forth:

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

24  business within this state.

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

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

27  where records are available for inspection.

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

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

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

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

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  1  applicant is a corporation organized under the laws of another

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

  3  the application a certified copy of the certificate or license

  4  issued by the Department of State showing that the corporation

  5  is authorized to transact business in this state.

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

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

  8  the department shall provide to each newly registered dealer

  9  an initial annual resale certificate that is valid for the

10  remainder of the period of issuance remaining portion of the

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

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

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

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

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

16  applicable reporting period.

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

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

19  amended to read:

20         202.18  Allocation and disposition of tax

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

22  remitted under this chapter shall be treated as follows:

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

24  202.12(1)(c) shall be divided as follows:

25         (a)  The portion of such proceeds which constitutes

26  gross receipts taxes, imposed at the rate prescribed in

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

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

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

30  such proceeds which is derived from the rate component

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

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

  2  proceeds allocated pursuant to s. 212.20(6)(d)3. shall be

  3  prorated to the participating counties in the same proportion

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

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

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

  7  of such proceeds shall be transferred to the Local Government

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

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

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

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

12  However, during calendar year 2001, state fiscal year

13  2000-2001 proportions shall be used.

14         2.  The proportion of the proceeds allocated based on

15  the emergency distribution under s. 218.65 shall be

16  distributed pursuant to s. 218.65.

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

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

19  218.61 shall be allocated to each county in the same

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

21  allocation for the prior state fiscal year and distributed

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

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

24  remaining portion of such proceeds shall be allocated to the

25  municipalities and counties in proportion to the allocation of

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

27  emergency distribution of such tax under s. 218.65.

28         4.  The department shall distribute the appropriate

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

30  time that local communications services taxes are distributed

31  pursuant to subsection (3).

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

  2  proceeds of each local communications services tax levied by a

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

  4  202.20(1), less the department's costs of administration,

  5  shall be transferred to the Local Communications Services Tax

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

  7  municipality or county. However, the proceeds of any

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

  9  shall be deposited and disbursed in accordance with ss.

10  212.054 and 212.055. For purposes of this section, the

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

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

13  collected and received by the department pursuant to a

14  specific levy authorized by such sections section, including

15  any interest and penalties attributable to the tax levy.

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

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

18  amounts deducted for costs of administration in accordance

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

20  appropriate jurisdictions. The proceeds of taxes imposed

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

22  manner as discretionary surtaxes are distributed, in

23  accordance with ss. 212.054 and 212.055.

24         2.  The department shall make any adjustments to the

25  distributions pursuant to this paragraph which are necessary

26  to reflect the proper amounts due to individual jurisdictions.

27  In the event that the department adjusts amounts due to

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

29  adjustment shall be limited to the amount of tax actually

30  collected from such customer by the dealer of communication

31  services.

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  1         Section 9.  Effective with respect to communications

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

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

  4         202.19  Authorization to impose local communications

  5  services tax.--

  6         (1)  The governing authority of each county and

  7  municipality may, by ordinance, levy a discretionary

  8  communications services tax.

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

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

11  percent for municipalities and charter counties that have not

12  chosen to levy permit fees, and at a rate of up to 4.98

13  percent for municipalities and charter counties that have

14  chosen to levy permit fees.

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

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

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

18  (b) do 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, nor

21  do they supersede conversion or emergency rates authorized by

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

23  of such tax shall be as follows:

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

25  shall be up to the maximum rate determined for municipalities

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

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

28  the maximum rate determined for other counties in accordance

29  with s. 202.20(2).

30

31

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  1  The rate imposed by any municipality or county shall be

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

  3  up to the nearest one-tenth percent.

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

  5  (2) reflect the rates for communications services taxes

  6  imposed under this chapter which are necessary for each

  7  municipality or county to raise the maximum amount of revenues

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

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

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

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

12  legislative intent that the maximum rates for charter counties

13  be calculated by treating them as having had the same

14  authority as municipalities to impose franchise fees on

15  recurring local telecommunication service revenues prior to

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

17  authority of charter counties to impose such fees is in

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

19  expression of legislative intent that charter counties

20  actually do or do not possess such authority.

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

22  any fee or other consideration to which the municipality or

23  county is otherwise entitled for granting permission to

24  dealers of communications services, including, but not limited

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

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

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

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

29  communications services.

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

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

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  1  payment of consideration or to require the payment of

  2  regulatory fees or assessments by persons using or occupying

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

  4  dealer of communications services.

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

  6  the tax imposed by any municipality shall be on all

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

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

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

10  municipality.

11         2.  With respect to private communications services,

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

13  within the municipality. In determining the sales price of

14  private communications services subject to tax, the

15  communications service provider shall be entitled to use any

16  method that reasonably allocates the total charges among the

17  state and local taxing jurisdictions in which channel

18  termination points are located. An allocation method is deemed

19  to be reasonable for purposes of this subparagraph if the

20  communications service provider regularly used such method for

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

22  communications service provider uses a reasonable allocation

23  method, such provider shall be held harmless from any

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

25  different allocation method.

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

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

28  all communications services subject to tax under s. 202.12

29  which:

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

31

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

  2  unincorporated area of the county.

  3         2.  With respect to private communications services,

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

  5  within the unincorporated area of the county. In determining

  6  the amount of charges for private communications services

  7  subject to tax, the communications service provider shall be

  8  entitled to use any method that reasonably allocates the total

  9  charges among the state and local taxing jurisdictions in

10  which channel termination points are located. An allocation

11  method is deemed to be reasonable for purposes of this

12  subparagraph if the communications service provider regularly

13  used such method for Florida tax purposes prior to December

14  31, 2000. If a communications service provider uses a

15  reasonable allocation method, such provider shall be held

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

17  penalty based on a different allocation method.

18         (5)  In addition to the communications services taxes

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

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

21  imposed as a local communications services tax under this

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

23  s. 202.20(3)(5).

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

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

26  tax rates applied under this chapter, to communications

27  services subject to tax under s. 202.12 which:

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

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

30         (b)  With respect to private communications services,

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

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

  2  communications services subject to tax, the communications

  3  service provider shall be entitled to use any method that

  4  reasonably allocates the total charges among the state and

  5  local taxing jurisdictions in which channel termination points

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

  7  for purposes of this paragraph if the communications service

  8  provider regularly used such method for Florida tax purposes

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

10  provider uses a reasonable allocation method, such provider

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

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

13         (6)  Notwithstanding any other provision of this

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

15  any direct-to-home satellite service.

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

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

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

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

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

21  conduct a business of providing communications services or to

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

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

24  state.

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

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

27  calendar year on communications services charges billed to a

28  service address located in a municipality or county imposing a

29  local communications services tax for interstate

30  communications services that originate outside this state and

31  terminate within this state. This subsection applies only to

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

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

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

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

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

  6  application, the department shall identify the service

  7  addresses qualifying for the limitation provided by this

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

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

10  of communications services authorizing such purchaser to pay

11  the local communications tax on such interstate services

12  directly to the department if the application indicates that

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

14  to a service address are for communications originating

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

16  direct-pay permit shall also indicate the counties or

17  municipalities to which it applies.  Any dealer of

18  communications services furnishing communications services to

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

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

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

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

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

24  affiliated entities or entities controlled by one person or

25  group of persons.

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

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

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

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

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

31  current or future bonded indebtedness. Revenues raised by a

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

  2  purposes as the underlying discretionary sales surtax imposed

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

  4         (10)  Notwithstanding any provision of law to the

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

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

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

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

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

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

11  ordinance with respect to the services or revenues that are

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

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

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

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

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

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

18  202.18(3).

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

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

21  this act, are amended to read:

22         202.19  Authorization to impose local communications

23  services tax.--

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

25  the tax imposed by any municipality shall be on all

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

27         a.  Originate or terminate in this state; and

28         b.  Are charged to a service address in the

29  municipality.

30         2.  With respect to private communications services,

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

                                  33

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  1  within the municipality, which shall be determined in

  2  accordance with the following provisions:.

  3         a.  Any charge with respect to a channel termination

  4  point located within such municipality;

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

  6  channel termination points located in such municipality; and

  7         c.  Where channel termination points are located both

  8  within and outside of the municipality:

  9         (I)  If any segment between two such channel

10  termination points is separately billed, 50 percent of such

11  charge; and

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

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

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

15  of channel termination points within such municipality and the

16  denominator of which is the total number of channel

17  termination points of the circuit. In determining the sales

18  price of 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

                                  34

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  1  all communications services subject to tax under s. 202.12

  2  which:

  3         a.  Originate or terminate in this state; and

  4         b.  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, which shall be

  9  determined in accordance with the following provisions:.

10         a.  Any charge with respect to a channel termination

11  point located within the unincorporated area of such county;

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

13  channel termination points located in the unincorporated area

14  of such county; and

15         c.  Where channel termination points are located both

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

17         (I)  If any segment between two such channel

18  termination points is separately billed, 50 percent of such

19  charge; and

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

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

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

23  of channel termination points within the unincorporated area

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

25  number of channel termination points of the circuit. In

26  determining the amount of charges for private communications

27  services subject to tax, the communications service provider

28  shall be entitled to use any method that reasonably allocates

29  the total charges among the state and local taxing

30  jurisdictions in which channel termination points are located.

31  An allocation method is deemed to be reasonable for purposes

                                  35

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  1  of this subparagraph if the communications service provider

  2  regularly used such method for Florida tax purposes prior to

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

  4  reasonable allocation method, such provider shall be held

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

  6  penalty based on a different allocation method.

  7         (5)  In addition to the communications services taxes

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

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

10  imposed as a local communications services tax under this

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

12  s. 202.20(3).

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

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

15  tax rates applied under this chapter, to communications

16  services subject to tax under s. 202.12 which:

17         1.  Originate or terminate in this state; and

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

19         (b)  With respect to private communications services,

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

21  within the county, which shall be determined in accordance

22  with the following provisions:.

23         1.  Any charge with respect to a channel termination

24  point located within such county;

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

26  channel termination points located in such county; and

27         3.  Where channel termination points are located both

28  within and outside of such county:

29         a.  If any segment between two such channel termination

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

31

                                  36

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

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

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

  4  of channel termination points within such county and the

  5  denominator of which is the total number of channel

  6  termination points of the circuit. In determining the sales

  7  price of private communications services subject to tax, the

  8  communications service provider shall be entitled to use any

  9  method that reasonably allocates the total charges among the

10  state and local taxing jurisdictions in which channel

11  termination points are located. An allocation method is deemed

12  to be reasonable for purposes of this paragraph if the

13  communications service provider regularly used such method for

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

15  communications service provider uses a reasonable allocation

16  method, such provider shall be held harmless from any

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

18  different allocation method.

19         Section 11.  Effective with respect to bills issued by

20  communications services providers after August 1, 2002,

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

22  to read:

23         202.19  Authorization to impose local communications

24  services tax.--

25         (12)  Notwithstanding any other provision of this

26  section, with respect to mobile communications services, the

27  rate of a local communications services tax levied under this

28  section shall be applied to the sales price of all mobile

29  communications services deemed to be provided to a customer by

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

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

                                  37

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  1  customer's service address is located within the municipality

  2  levying the tax or within the unincorporated area of the

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

  4         Section 12.  Effective with respect to communications

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

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

  7         202.20  Local communications services tax conversion

  8  rates.--

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

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

11  local communications services tax conversion rates on taxable

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

13  effect without any action required by the local government.

14  The conversion rates for local governments that have not

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

16  0.12 percent for municipalities and charter counties or of up

17  to 0.24 percent for noncharter counties authorized pursuant to

18  s. 337.401.

19

20  Jurisdiction   County          Conversion      Conversion

21                                 rates for       rates for

22                                 local           local

23                                 governments     governments

24                                 that have NOT   that have

25                                 chosen to       chosen to

26                                 levy            levy

27                                 permit fees     permit fees

28

29  ALACHUA        Alachua         5.00%           4.88%

30  Alachua        Alachua         4.10%           3.98%

31  Archer         Alachua         3.30%           3.18%

                                  38

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  1  Gainesville    Alachua         5.30%           5.18%

  2  Hawthorne      Alachua         2.00%           1.88%

  3  High Springs   Alachua         2.80%           2.68%

  4  LaCrosse       Alachua         3.60%           3.48%

  5  Micanopy       Alachua         2.70%           2.58%

  6  Newberry       Alachua         4.60%           4.48%

  7  Waldo          Alachua         1.40%           1.28%

  8  BAKER          Baker           0.50%           0.50%

  9  Glen Saint

10  Mary           Baker           5.70%           5.58%

11  Macclenny      Baker           6.40%           6.28%

12  BAY            Bay             0.00%           0.00%

13  Callaway       Bay             5.50%           5.38%

14  Cedar Grove    Bay             5.20%           5.08%

15  Lynn Haven     Bay             5.30%           5.18%

16  Mexico Beach   Bay             3.20%           3.08%

17  Panama City    Bay             5.30%           5.18%

18  Panama City

19  Beach          Bay             3.80%           3.68%

20  Parker         Bay             5.10%           4.98%

21  Springfield    Bay             4.40%           4.28%

22  BRADFORD       Bradford        0.50%           0.50%

23  Brooker        Bradford        3.20%           3.08%

24  Hampton        Bradford        2.40%           2.28%

25  Lawtey         Bradford        1.20%           1.08%

26  Starke         Bradford        3.80%           3.08%

27  BREVARD        Brevard         1.40%           1.18%

28  Cape

29  Canaveral      Brevard         4.90%           4.78%

30  Cocoa          Brevard         4.30%           4.18%

31  Cocoa Beach    Brevard         5.50%           5.38%

                                  39

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  1  Indialantic    Brevard         6.70%           6.58%

  2  Indian

  3  Harbour Beach  Brevard         4.30%           4.18%

  4  Malabar        Brevard         5.30%           5.18%

  5  Melbourne      Brevard         5.40%           5.28%

  6  Melbourne

  7  Beach          Brevard         5.20%           5.08%

  8  Melbourne

  9  Village        Brevard         4.50%           4.38%

10  Palm Bay       Brevard         5.40%           5.28%

11  Palm Shores    Brevard         5.20%           5.08%

12  Rockledge      Brevard         4.40%           4.28%

13  Satellite

14  Beach          Brevard         1.80%           1.68%

15  Titusville     Brevard         5.70%           5.58%

16  West

17  Melbourne      Brevard         5.80%           5.68%

18  BROWARD        Broward         5.20%           5.08%

19  Coconut Creek  Broward         5.10%           4.98%

20  Cooper City    Broward         5.20%           5.08%

21  Coral Springs  Broward         5.40%           5.28%

22  Dania          Broward         5.60%           5.48%

23  Davie          Broward         5.60%           5.48%

24  Deerfield

25  Beach          Broward         1.50%           1.38%

26  Ft.

27  Lauderdale     Broward         5.50%           5.38%

28  Hallandale     Broward         5.20%           5.08%

29  Hillsboro

30  Beach          Broward         1.30%           1.18%

31  Hollywood      Broward         5.20%           5.08%

                                  40

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  1  Lauderdale-

  2  by-the-Sea     Broward         5.30%           5.18%

  3  Lauderdale

  4  Lakes          Broward         5.60%           5.48%

  5  Lauderhill     Broward         5.50%           5.38%

  6  Lazy Lake

  7  Village        Broward         0.60%           0.48%

  8  Lighthouse

  9  Point          Broward         6.60%           6.48%

10  Margate        Broward         5.60%           5.48%

11  Miramar        Broward         5.40%           5.28%

12  North

13  Lauderdale     Broward         4.10%           3.98%

14  Oakland Park   Broward         5.70%           5.58%

15  Parkland       Broward         1.40%           1.28%

16  Pembroke Park  Broward         5.00%           4.88%

17  Pembroke

18  Pines          Broward         5.70%           5.58%

19  Plantation     Broward         5.00%           4.88%

20  Pompano Beach  Broward         4.90%           4.78%

21  Sea Ranch

22  Lakes          Broward         1.60%           1.48%

23  Southwest

24  Ranches        Broward         4.90%           4.78%

25  Sunrise        Broward         5.00%           4.88%

26  Tamarac        Broward         2.50%           1.78%

27  Weston         Broward         5.50%           5.38%

28  Wilton Manors  Broward         5.90%           5.78%

29  CALHOUN        Calhoun         0.00%           0.00%

30  Altha          Calhoun         4.30%           4.18%

31  Blountstown    Calhoun         1.40%           1.28%

                                  41

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  1  CHARLOTTE      Charlotte       2.00%           1.88%

  2  Punta Gorda    Charlotte       5.40%           5.28%

  3  CITRUS         Citrus          2.10%           2.10%

  4  Crystal River  Citrus          5.60%           5.48%

  5  Inverness      Citrus          5.60%           5.48%

  6  CLAY           Clay            6.30%           6.18%

  7  Green Cove

  8  Springs        Clay            4.00%           3.88%

  9  Keystone

10  Heights        Clay            2.30%           2.18%

11  Orange Park    Clay            0.80%           0.68%

12  Penney Farms   Clay            2.00%           1.88%

13  COLLIER        Collier         2.30%           2.30%

14  Everglades     Collier         4.20%           3.88%

15  Marco Island   Collier         2.50%           1.98%

16  Naples         Collier         3.60%           3.48%

17  COLUMBIA       Columbia        1.40%           1.40%

18  Ft. White      Columbia        0.70%           0.58%

19  Lake City      Columbia        4.70%           4.58%

20  DESOTO         DeSoto          2.20%           2.20%

21  Arcadia        DeSoto          4.00%           3.88%

22  DIXIE          Dixie           0.10%           0.10%

23  Cross City     Dixie           2.70%           2.58%

24  Horseshoe

25  Beach          Dixie           6.70%           6.58%

26  DUVAL/Jax      Duval           4.80%           4.68%

27  Atlantic

28  Beach          Duval           6.40%           6.28%

29  Baldwin        Duval           6.60%           6.48%

30  Jacksonville

31  Beach          Duval           5.00%           4.78%

                                  42

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  1  Neptune Beach  Duval           4.30%           4.18%

  2  ESCAMBIA       Escambia        1.70%           1.70%

  3  Century        Escambia        2.30%           2.18%

  4  Pensacola      Escambia        5.50%           5.38%

  5  FLAGLER        Flagler         0.70%           0.70%

  6  Beverly Beach  Flagler         2.00%           1.88%

  7  Bunnell        Flagler         2.70%           2.58%

  8  Flagler Beach  Flagler &

  9                 Volusia         5.40%           5.28%

10  Marineland     Flagler &

11                 St. Johns       0.40%           0.28%

12  Palm Coast     Flagler         1.40%           1.28%

13  FRANKLIN       Franklin        0.90%           0.90%

14  Apalachicola   Franklin        3.90%           3.78%

15  Carrabelle     Franklin        6.20%           6.08%

16  GADSDEN        Gadsden         0.30%           0.30%

17  Chattahoochee  Gadsden         1.10%           0.98%

18  Greensboro     Gadsden         0.00%           0.00%

19  Gretna         Gadsden         4.20%           4.08%

20  Havana         Gadsden         0.80%           0.68%

21  Midway         Gadsden         4.00%           3.88%

22  Quincy         Gadsden         1.20%           1.08%

23  GILCHRIST      Gilchrist       0.00%           0.00%

24  Bell           Gilchrist       4.80%           4.68%

25  Fanning        Gilchrist &

26  Springs        Levy            6.00%           5.88%

27  Trenton        Gilchrist       4.20%           4.08%

28  GLADES         Glades          0.50%           0.50%

29  Moore Haven    Glades          1.30%           1.18%

30  GULF           Gulf            0.40%           0.40%

31  Port St. Joe   Gulf            3.90%           3.78%

                                  43

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  1  Wewahitchka    Gulf            3.90%           3.78%

  2  HAMILTON       Hamilton        0.30%           0.30%

  3  Jasper         Hamilton        5.20%           4.98%

  4  Jennings       Hamilton        1.60%           1.48%

  5  White Springs  Hamilton        5.40%           5.28%

  6  HARDEE         Hardee          1.20%           1.20%

  7  Bowling Green  Hardee          3.40%           3.28%

  8  Wauchula       Hardee          5.40%           5.28%

  9  Zolfo Springs  Hardee          2.40%           2.28%

10  HENDRY         Hendry          0.70%           0.70%

11  Clewiston      Hendry          3.50%           3.38%

12  La Belle       Hendry          4.40%           4.28%

13  HERNANDO       Hernando        1.50%           1.50%

14  Brooksville    Hernando        1.00%           0.88%

15  Weeki Wachee   Hernando        0.10%           0.00%

16  HIGHLANDS      Highlands       1.20%           1.20%

17  Avon Park      Highlands       4.70%           4.58%

18  Lake Placid    Highlands       1.00%           0.88%

19  Sebring        Highlands       1.20%           0.88%

20  HILLSBOROUGH   Hillsborough    2.20%           2.08%

21  Plant City     Hillsborough    6.10%           5.98%

22  Tampa          Hillsborough    5.50%           5.28%

23  Temple

24  Terrace        Hillsborough    5.80%           5.68%

25  HOLMES         Holmes          0.20%           0.20%

26  Bonifay        Holmes          6.20%           6.08%

27  Esto           Holmes          0.90%           0.78%

28  Noma           Holmes          0.20%           0.08%

29  Ponce de Leon  Holmes          2.90%           2.78%

30  Westville      Holmes          1.00%           0.88%

31  INDIAN RIVER   Indian River    1.50%           1.50%

                                  44

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  1  Fellsmere      Indian River    4.40%           4.28%

  2  Indian River

  3  Shores         Indian River    3.00%           2.88%

  4  Orchid         Indian River    2.30%           2.18%

  5  Sebastian      Indian River    3.50%           3.38%

  6  Vero Beach     Indian River    5.40%           5.28%

  7  JACKSON        Jackson         0.20%           0.20%

  8  Alford         Jackson         0.30%           0.18%

  9  Bascom         Jackson         1.30%           1.18%

10  Campbellton    Jackson         0.30%           0.18%

11  Cottondale     Jackson         4.70%           4.58%

12  Graceville     Jackson         4.80%           4.68%

13  Grand Ridge    Jackson         0.80%           0.68%

14  Greenwood      Jackson         0.40%           0.28%

15  Jacob City     Jackson         0.00%           0.00%

16  Malone         Jackson         0.50%           0.38%

17  Marianna       Jackson         4.30%           4.18%

18  Sneads         Jackson         3.60%           3.48%

19  JEFFERSON      Jefferson       1.00%           1.00%

20  Monticello     Jefferson       4.90%           4.78%

21  LAFAYETTE      Lafayette       0.00%           0.00%

22  Mayo           Lafayette       2.10%           1.98%

23  LAKE           Lake            1.90%           1.90%

24  Astatula       Lake            4.80%           4.68%

25  Clermont       Lake            5.00%           4.88%

26  Eustis         Lake            5.50%           5.38%

27  Fruitland

28  Park           Lake            5.10%           4.98%

29  Groveland      Lake            5.30%           5.18%

30  Howey-in-

31  the-Hills      Lake            3.60%           3.48%

                                  45

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  1  Lady Lake      Lake            1.50%           1.38%

  2  Leesburg       Lake            1.40%           1.28%

  3  Mascotte       Lake            4.20%           4.08%

  4  Minneola       Lake            3.50%           3.38%

  5  Montverde      Lake            1.90%           1.78%

  6  Mount Dora     Lake            1.70%           1.28%

  7  Tavares        Lake            5.60%           5.48%

  8  Umatilla       Lake            3.40%           3.28%

  9  LEE            Lee             2.20%           2.08%

10  Bonita

11  Springs        Lee             1.90%           1.78%

12  Cape Coral     Lee             1.60%           1.48%

13  Ft. Myers      Lee             5.10%           4.98%

14  Ft. Myers

15  Beach          Lee             2.30%           2.18%

16  Sanibel        Lee             2.50%           2.38%

17  LEON           Leon            1.10%           1.10%

18  Tallahassee    Leon            4.70%           4.58%

19  LEVY           Levy            0.00%           0.00%

20  Bronson        Levy            2.80%           2.68%

21  Cedar Key      Levy            2.30%           2.18%

22  Chiefland      Levy            2.90%           2.78%

23  Inglis         Levy            3.80%           3.68%

24  Otter Creek    Levy            0.70%           0.58%

25  Williston      Levy            1.80%           1.68%

26  Yankeetown     Levy            6.00%           5.88%

27  LIBERTY        Liberty         0.60%           0.60%

28  Bristol        Liberty         3.10%           2.98%

29  MADISON        Madison         0.40%           0.40%

30  Greenville     Madison         2.30%           2.18%

31  Lee            Madison         0.50%           0.38%

                                  46

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  1  Madison        Madison         5.30%           4.88%

  2  MANATEE        Manatee         0.80%           0.80%

  3  Anna Maria     Manatee         1.50%           1.38%

  4  Bradenton      Manatee         6.10%           5.98%

  5  Bradenton

  6  Beach          Manatee         6.00%           5.88%

  7  Holmes Beach   Manatee         3.80%           3.68%

  8  Palmetto       Manatee         5.80%           5.68%

  9  Longboat Key   Manatee &

10                 Sarasota        3.50%           3.38%

11  MARION         Marion          0.00%           0.00%

12  Belleview      Marion          1.00%           0.88%

13  Dunnellon      Marion          4.80%           4.68%

14  McIntosh       Marion          1.40%           1.28%

15  Ocala          Marion          5.20%           5.08%

16  Reddick        Marion          1.40%           1.28%

17  MARTIN         Martin          1.50%           1.50%

18  Jupiter

19  Island         Martin          0.70%           0.58%

20  Ocean Breeze

21  Park           Martin          2.40%           2.28%

22  Sewalls Point  Martin          2.40%           2.28%

23  Stuart         Martin          5.20%           5.08%

24  MIAMI-DADE     Miami-Dade      5.00%           4.78%

25  Aventura       Miami-Dade      5.60%           5.48%

26  Bal Harbour    Miami-Dade      5.40%           5.28%

27  Bay Harbor

28  Islands        Miami-Dade      5.20%           5.08%

29  Biscayne Park  Miami-Dade      4.70%           4.58%

30  Coral Gables   Miami-Dade      4.40%           4.28%

31  El Portal      Miami-Dade      6.00%           5.88%

                                  47

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Florida City   Miami-Dade      5.80%           5.68%

  2  Golden Beach   Miami-Dade      2.10%           1.98%

  3  Hialeah        Miami-Dade      5.40%           5.28%

  4  Hialeah

  5  Gardens        Miami-Dade      5.60%           5.48%

  6  Homestead      Miami-Dade      5.70%           5.58%

  7  Indian Creek

  8  Village        Miami-Dade      0.80%           0.68%

  9  Islandia       Miami-Dade      0.00%           0.00%

10  Key Biscayne   Miami-Dade      5.00%           4.88%

11  Medley         Miami-Dade      6.70%           6.58%

12  Miami          Miami-Dade      5.10%           4.98%

13  Miami Beach    Miami-Dade      5.10%           4.98%

14  Miami Shores   Miami-Dade      6.10%           5.98%

15  Miami Springs  Miami-Dade      3.20%           3.08%

16  North Bay      Miami-Dade      5.30%           5.18%

17  North Miami    Miami-Dade      5.20%           5.08%

18  North Miami

19  Beach          Miami-Dade      5.40%           5.28%

20  Opa-Locka      Miami-Dade      4.00%           3.88%

21  Pinecrest      Miami-Dade      5.90%           5.78%

22  South Miami    Miami-Dade      5.20%           5.08%

23  Sunny Isles

24  Beach          Miami-Dade      5.50%           5.38%

25  Surfside       Miami-Dade      5.20%           5.08%

26  Sweetwater     Miami-Dade      5.00%           4.88%

27  Virginia

28  Gardens        Miami-Dade      0.40%           0.28%

29  West Miami     Miami-Dade      4.80%           4.68%

30  MONROE         Monroe          1.50%           1.50%

31  Islamorada     Monroe          0.40%           0.00%

                                  48

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Key Colony

  2  Beach          Monroe          2.60%           2.48%

  3  Key West       Monroe          1.60%           1.48%

  4  Layton         Monroe          0.00%           0.00%

  5  Marathon       Monroe          2.10%           1.68%

  6  NASSAU         Nassau          0.80%           0.80%

  7  Callahan       Nassau          4.90%           4.78%

  8  Fernandina

  9  Beach          Nassau          5.40%           5.28%

10  Hilliard       Nassau          3.40%           3.28%

11  OKALOOSA       Okaloosa        0.70%           0.70%

12  Cinco Bayou    Okaloosa        5.40%           5.28%

13  Crestview      Okaloosa        3.70%           3.58%

14  Destin         Okaloosa        2.10%           1.98%

15  Ft. Walton

16  Beach          Okaloosa        5.90%           5.78%

17  Laurel Hill    Okaloosa        3.00%           2.88%

18  Mary Esther    Okaloosa        5.30%           5.18%

19  Niceville      Okaloosa        6.00%           5.88%

20  Shalimar       Okaloosa        5.40%           5.28%

21  Valparaiso     Okaloosa        4.10%           3.98%

22  OKEECHOBEE     Okeechobee      0.90%           0.90%

23  Okeechobee     Okeechobee      4.80%           4.68%

24  ORANGE         Orange          5.20%           4.98%

25  Apopka         Orange          6.50%           6.38%

26  Bay Lake       Orange          0.00%           0.00%

27  Belle Isle     Orange          1.80%           1.68%

28  Eatonville     Orange          4.70%           4.58%

29  Edgewood       Orange          1.00%           0.88%

30  Lake Buena

31  Vista          Orange          0.00%           0.00%

                                  49

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Maitland       Orange          5.60%           5.38%

  2  Oakland        Orange          5.40%           5.28%

  3  Ocoee          Orange          5.00%           4.68%

  4  Orlando        Orange          4.40%           4.28%

  5  Windermere     Orange          4.70%           4.58%

  6  Winter Garden  Orange          4.70%           4.58%

  7  Winter Park    Orange          6.10%           5.98%

  8  OSCEOLA        Osceola         5.50%           5.28%

  9  Kissimmee      Osceola         4.80%           4.68%

10  St. Cloud      Osceola         5.50%           5.38%

11  PALM BEACH     Palm Beach      5.00%           4.88%

12  Atlantis       Palm Beach      1.20%           1.08%

13  Belle Glade    Palm Beach      5.40%           5.28%

14  Boca Raton     Palm Beach      5.70%           5.58%

15  Boynton Beach  Palm Beach      5.20%           5.08%

16  Briny Breezes  Palm Beach      3.20%           0.28%

17  Cloud Lake     Palm Beach      2.40%           2.28%

18  Delray Beach   Palm Beach      4.70%           4.58%

19  Glen Ridge     Palm Beach      1.60%           1.48%

20  Golf Village   Palm Beach      0.60%           0.48%

21  Golfview       Palm Beach      0.70%           0.58%

22  Greenacres

23  City           Palm Beach      5.80%           5.68%

24  Gulf Stream    Palm Beach      1.10%           0.98%

25  Haverhill      Palm Beach      1.60%           1.28%

26  Highland

27  Beach          Palm Beach      4.40%           4.28%

28  Hypoluxo       Palm Beach      6.30%           6.18%

29  Juno Beach     Palm Beach      5.10%           4.98%

30  Jupiter        Palm Beach      4.30%           4.18%

31  Jupiter

                                  50

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Inlet Colony   Palm Beach      2.10%           1.98%

  2  Lake Clarke

  3  Shores         Palm Beach      1.60%           1.48%

  4  Lake Park      Palm Beach      5.60%           5.48%

  5  Lake Worth     Palm Beach      5.20%           5.08%

  6  Lantana        Palm Beach      5.80%           5.68%

  7  Manalapan      Palm Beach      1.80%           1.68%

  8  Mangonia Park  Palm Beach      5.90%           5.78%

  9  North Palm

10  Beach          Palm Beach      5.50%           5.28%

11  Ocean Ridge    Palm Beach      1.10%           0.98%

12  Pahokee        Palm Beach      4.60%           4.48%

13  Palm Beach     Palm Beach      4.90%           4.78%

14  Palm Beach

15  Gardens        Palm Beach      1.20%           1.08%

16  Palm Beach

17  Shores         Palm Beach      5.80%           5.68%

18  Palm Springs   Palm Beach      5.60%           5.48%

19  Riviera Beach  Palm Beach      4.80%           4.68%

20  Royal Palm

21  Beach          Palm Beach      5.30%           5.18%

22  South Bay      Palm Beach      5.50%           5.38%

23  South Palm

24  Beach          Palm Beach      6.00%           5.88%

25  Tequesta

26  Village        Palm Beach      4.40%           4.28%

27  Wellington     Palm Beach      5.50%           5.38%

28  West Palm

29  Beach          Palm Beach      5.70%           5.58%

30  PASCO          Pasco           1.60%           1.60%

31  Dade City      Pasco           5.30%           5.18%

                                  51

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  New Port

  2  Richey         Pasco           5.90%           5.78%

  3  Port Richey    Pasco           1.00%           0.88%

  4  Saint Leo      Pasco           1.10%           0.98%

  5  San Antonio    Pasco           0.80%           0.68%

  6  Zephyrhills    Pasco           5.90%           5.78%

  7  PINELLAS       Pinellas        2.00%           1.88%

  8  Belleair       Pinellas        1.80%           1.68%

  9  Belleair

10  Beach          Pinellas        6.50%           6.38%

11  Belleair

12  Bluffs         Pinellas        2.10%           1.98%

13  Belleair

14  Shore          Pinellas        2.60%           2.48%

15  Clearwater     Pinellas        5.40%           5.28%

16  Dunedin        Pinellas        5.60%           5.48%

17  Gulfport       Pinellas        6.50%           6.38%

18  Indian Rocks

19  Beach          Pinellas        2.50%           2.38%

20  Indian Shores  Pinellas        2.80%           2.68%

21  Kenneth City   Pinellas        1.40%           1.28%

22  Largo          Pinellas        6.00%           5.88%

23  Madeira Beach  Pinellas        6.00%           5.88%

24  North

25  Redington

26  Beach          Pinellas        1.80%           1.68%

27  Oldsmar        Pinellas        6.10%           5.98%

28  Pinellas Park  Pinellas        5.90%           5.78%

29  Redington

30  Beach          Pinellas        5.90%           5.78%

31  Redington

                                  52

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Shores         Pinellas        1.20%           1.08%

  2  Safety Harbor  Pinellas        6.90%           6.38%

  3  St. Pete

  4  Beach          Pinellas        6.10%           5.98%

  5  St.

  6  Petersburg     Pinellas        6.00%           5.88%

  7  Seminole       Pinellas        5.50%           5.38%

  8  South

  9  Pasadena       Pinellas        6.10%           5.98%

10  Tarpon

11  Springs        Pinellas        6.10%           5.98%

12  Treasure

13  Island         Pinellas        2.40%           2.28%

14  POLK           Polk            2.90%           2.78%

15  Auburndale     Polk            4.60%           4.48%

16  Bartow         Polk            6.50%           5.68%

17  Davenport      Polk            3.70%           3.58%

18  Dundee         Polk            6.00%           5.88%

19  Eagle Lake     Polk            5.80%           5.68%

20  Ft. Meade      Polk            5.60%           4.98%

21  Frostproof     Polk            5.70%           5.58%

22  Haines City    Polk            5.50%           5.38%

23  Highland Park  Polk            0.00%           0.00%

24  Hillcrest

25  Heights        Polk            1.10%           0.98%

26  Lake Alfred    Polk            4.80%           4.68%

27  Lake Hamilton  Polk            3.90%           3.78%

28  Lake Wales     Polk            4.80%           4.68%

29  Lakeland       Polk            5.60%           5.48%

30  Mulberry       Polk            3.40%           3.28%

31  Polk City      Polk            3.00%           2.88%

                                  53

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Winter Haven   Polk            6.70%           6.58%

  2  PUTNAM         Putnam          1.30%           1.30%

  3  Crescent City  Putnam          4.70%           4.58%

  4  Interlachen    Putnam          1.80%           1.68%

  5  Palatka        Putnam          5.40%           5.28%

  6  Pomona Park    Putnam          3.10%           2.98%

  7  Welaka         Putnam          2.70%           2.58%

  8  SANTA ROSA     Santa Rosa      1.70%           1.70%

  9  Gulf Breeze    Santa Rosa      1.10%           0.98%

10  Jay            Santa Rosa      1.40%           1.28%

11  Milton         Santa Rosa      6.20%           6.08%

12  SARASOTA       Sarasota        5.10%           4.98%

13  North Port     Sarasota        6.10%           5.98%

14  Sarasota       Sarasota        5.60%           5.48%

15  Venice         Sarasota        5.40%           5.28%

16  SEMINOLE       Seminole        3.20%           2.98%

17  Altamonte

18  Springs        Seminole        5.20%           5.08%

19  Casselberry    Seminole        5.70%           5.58%

20  Lake Mary      Seminole        4.40%           4.28%

21  Longwood       Seminole        5.80%           5.68%

22  Oviedo         Seminole        4.70%           4.58%

23  Sanford        Seminole        5.00%           4.88%

24  Winter

25  Springs        Seminole        6.20%           6.08%

26  ST. JOHNS      St. Johns       1.30%           1.30%

27  Hastings       St. Johns       1.60%           1.48%

28  St. Augustine  St. Johns       4.80%           4.68%

29  St. Augustine

30  Beach          St. Johns       4.90%           4.78%

31  ST. LUCIE      St. Lucie       1.20%           1.20%

                                  54

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Ft. Pierce     St. Lucie       4.90%           4.78%

  2  Port St.

  3  Lucie          St. Lucie       1.60%           1.48%

  4  St. Lucie

  5  Village        St. Lucie       1.80%           1.68%

  6  SUMTER         Sumter          0.80%           0.80%

  7  Bushnell       Sumter          5.40%           5.28%

  8  Center Hill    Sumter          4.70%           4.58%

  9  Coleman        Sumter          4.20%           4.08%

10  Webster        Sumter          3.30%           3.18%

11  Wildwood       Sumter          3.90%           3.78%

12  SUWANNEE       Suwannee        0.50%           0.50%

13  Branford       Suwannee        4.90%           4.78%

14  Live Oak       Suwannee        6.00%           5.88%

15  TAYLOR         Taylor          1.20%           1.20%

16  Perry          Taylor          5.90%           5.78%

17  UNION          Union           0.40%           0.40%

18  Lake Butler    Union           2.50%           2.38%

19  Raiford        Union           0.00%           0.00%

20  Worthington

21  Springs        Union           0.00%           0.00%

22  VOLUSIA        Volusia         4.20%           4.08%

23  Daytona Beach  Volusia         5.00%           4.88%

24  Daytona Beach

25  Shores         Volusia         5.50%           5.38%

26  DeBary         Volusia         4.70%           4.58%

27  DeLand         Volusia         4.60%           4.48%

28  Deltona        Volusia         6.60%           6.48%

29  Edgewater      Volusia         5.20%           5.08%

30  Holly Hill     Volusia         4.50%           4.38%

31  Lake Helen     Volusia         2.20%           2.08%

                                  55

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  New Smyrna

  2  Beach          Volusia         4.40%           4.28%

  3  Oak Hill       Volusia         3.80%           3.68%

  4  Orange City    Volusia         4.90%           4.78%

  5  Ormond Beach   Volusia         5.30%           5.18%

  6  Pierson        Volusia         1.20%           1.08%

  7  Ponce Inlet    Volusia         5.70%           5.58%

  8  Port Orange    Volusia         5.10%           4.98%

  9  South Daytona  Volusia         6.10%           5.98%

10  WAKULLA        Wakulla         0.90%           0.90%

11  St. Marks      Wakulla         0.00%           0.00%

12  Sopchoppy      Wakulla         1.30%           1.18%

13  WALTON         Walton          0.70%           0.70%

14  DeFuniak

15  Springs        Walton          6.00%           5.88%

16  Freeport       Walton          1.40%           1.28%

17  Paxton         Walton          2.80%           2.68%

18  WASHINGTON     Washington      0.30%           0.30%

19  Caryville      Washington      1.00%           0.88%

20  Chipley        Washington      5.70%           5.58%

21  Ebro           Washington      0.60%           0.48%

22  Vernon         Washington      5.80%           5.68%

23  Wausau         Washington      1.90%           1.78%

24

25  This paragraph is repealed October 1, 2002.

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

27  the following local communications services tax conversion

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

29  conversion rates take effect without any action required by

30  the local government. The conversion rates for local

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

                                  56

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






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

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

  3  counties authorized pursuant to s. 337.401.

  4

  5  Jurisdiction   County          Conversion      Conversion

  6                                 rates for local rates for local

  7                                 governments     governments

  8                                 that have NOT   that have

  9                                 chosen to levy  chosen to levy

10                                 permit fees     permit fees

11

12  ALACHUA        Alachua         4.70%           4.58%

13  Alachua        Alachua         3.80%           3.58%

14  Archer         Alachua         3.10%           2.98%

15  Gainesville    Alachua         4.90%           4.78%

16  Hawthorne      Alachua         1.90%           1.78%

17  High Springs   Alachua         2.60%           2.48%

18  LaCrosse       Alachua         3.30%           3.18%

19  Micanopy       Alachua         2.50%           2.38%

20  Newberry       Alachua         4.20%           4.08%

21  Waldo          Alachua         1.30%           1.18%

22  BAKER          Baker           0.40%           0.40%

23  Glen Saint

24  Mary           Baker           5.30%           5.18%

25  Macclenny      Baker           5.90%           5.78%

26  BAY            Bay             0.00%           0.00%

27  Callaway       Bay             5.10%           4.98%

28  Cedar Grove    Bay             4.80%           4.68%

29  Lynn Haven     Bay             4.90%           4.78%

30  Mexico Beach   Bay             3.00%           2.88%

31  Panama City    Bay             4.90%           4.78%

                                  57

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Panama City

  2  Beach          Bay             3.50%           3.38%

  3  Parker         Bay             4.80%           4.68%

  4  Springfield    Bay             4.00%           3.88%

  5  BRADFORD       Bradford        0.50%           0.50%

  6  Brooker        Bradford        3.00%           2.88%

  7  Hampton        Bradford        2.20%           2.08%

  8  Lawtey         Bradford        1.10%           0.98%

  9  Starke         Bradford        3.50%           2.88%

10  BREVARD        Brevard         1.30%           1.08%

11  Cape

12  Canaveral      Brevard         4.50%           4.38%

13  Cocoa          Brevard         3.90%           3.78%

14  Cocoa Beach    Brevard         5.10%           4.98%

15  Indialantic    Brevard         6.20%           6.08%

16  Indian

17  Harbour Beach  Brevard         4.00%           3.88%

18  Malabar        Brevard         4.90%           4.78%

19  Melbourne      Brevard         4.90%           4.78%

20  Melbourne

21  Beach          Brevard         4.80%           4.68%

22  Melbourne

23  Village        Brevard         4.10%           3.98%

24  Palm Bay       Brevard         5.00%           4.88%

25  Palm Shores    Brevard         4.80%           4.68%

26  Rockledge      Brevard         4.10%           3.98%

27  Satellite

28  Beach          Brevard         1.70%           1.58%

29  Titusville     Brevard         5.30%           5.18%

30  West

31  Melbourne      Brevard         5.40%           5.28%

                                  58

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  BROWARD        Broward         4.80%           4.68%

  2  Coconut Creek  Broward         4.70%           4.58%

  3  Cooper City    Broward         4.80%           4.68%

  4  Coral Springs  Broward         5.00%           4.88%

  5  Dania          Broward         5.20%           5.08%

  6  Davie          Broward         5.20%           5.08%

  7  Deerfield

  8  Beach          Broward         1.40%           1.28%

  9  Ft.

10  Lauderdale     Broward         5.10%           4.98%

11  Hallandale     Broward         4.80%           4.68%

12  Hillsboro

13  Beach          Broward         1.20%           1.08%

14  Hollywood      Broward         4.80%           4.68%

15  Lauderdale-

16  by-the-Sea     Broward         4.90%           4.78%

17  Lauderdale

18  Lakes          Broward         5.20%           5.08%

19  Lauderhill     Broward         5.10%           4.98%

20  Lazy Lake

21  Village        Broward         0.60%           0.48%

22  Lighthouse

23  Point          Broward         6.10%           5.98%

24  Margate        Broward         5.20%           5.08%

25  Miramar        Broward         5.00%           4.88%

26  North

27  Lauderdale     Broward         3.80%           3.68%

28  Oakland Park   Broward         5.30%           5.18%

29  Parkland       Broward         1.30%           1.18%

30  Pembroke Park  Broward         4.60%           4.48%

31  Pembroke

                                  59

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Pines          Broward         5.30%           5.18%

  2  Plantation     Broward         4.60%           4.48%

  3  Pompano Beach  Broward         4.50%           4.38%

  4  Sea Ranch

  5  Lakes          Broward         1.50%           1.38%

  6  Southwest

  7  Ranches        Broward         4.50%           4.38%

  8  Sunrise        Broward         4.60%           4.48%

  9  Tamarac        Broward         2.30%           1.58%

10  Weston         Broward         5.00%           4.88%

11  Wilton Manors  Broward         5.50%           5.38%

12  CALHOUN        Calhoun         0.00%           0.00%

13  Altha          Calhoun         4.00%           3.88%

14  Blountstown    Calhoun         1.30%           1.18%

15  CHARLOTTE      Charlotte       1.80%           1.68%

16  Punta Gorda    Charlotte       5.00%           4.88%

17  CITRUS         Citrus          2.00%           2.00%

18  Crystal River  Citrus          5.10%           4.98%

19  Inverness      Citrus          5.20%           5.08%

20  CLAY           Clay            5.80%           5.68%

21  Green Cove

22  Springs        Clay            3.70%           3.58%

23  Keystone

24  Heights        Clay            2.10%           1.98%

25  Orange Park    Clay            0.80%           0.68%

26  Penney Farms   Clay            1.90%           1.78%

27  COLLIER        Collier         2.10%           2.10%

28  Everglades     Collier         3.90%           3.58%

29  Marco Island   Collier         2.30%           1.78%

30  Naples         Collier         3.30%           3.18%

31  COLUMBIA       Columbia        1.30%           1.30%

                                  60

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Ft. White      Columbia        0.60%           0.48%

  2  Lake City      Columbia        4.40%           4.28%

  3  DESOTO         Desoto          2.10%           2.10%

  4  Arcadia        Desoto          3.70%           3.58%

  5  DIXIE          Dixie           0.10%           0.10%

  6  Cross City     Dixie           2.50%           2.38%

  7  Horseshoe

  8  Beach          Dixie           6.20%           6.08%

  9  DUVAL/Jax      Duval           4.50%           4.38%

10  Atlantic

11  Beach          Duval           5.90%           5.78%

12  Baldwin        Duval           6.10%           5.98%

13  Jacksonville

14  Beach          Duval           4.60%           4.38%

15  Neptune Beach  Duval           4.00%           3.88%

16  ESCAMBIA       Escambia        1.60%           1.60%

17  Century        Escambia        2.10%           1.98%

18  Pensacola      Escambia        5.10%           4.88%

19  FLAGLER        Flagler         0.60%           0.60%

20  Beverly Beach  Flagler         1.80%           1.68%

21  Bunnell        Flagler         2.50%           2.38%

22  Flagler        Flagler &

23  Beach          Volusia         4.90%           4.78%

24  Marineland     Flagler &

25                 St. Johns       0.40%           0.28%

26  Palm Coast     Flagler         1.30%           1.18%

27  FRANKLIN       Franklin        0.90%           0.90%

28  Apalachicola   Franklin        3.60%           3.48%

29  Carrabelle     Franklin        5.70%           5.58%

30  GADSDEN        Gadsden         0.20%           0.20%

31  Chattahoochee  Gadsden         1.00%           0.88%

                                  61

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Greensboro     Gadsden         0.00%           0.00%

  2  Gretna         Gadsden         3.90%           3.78%

  3  Havana         Gadsden         0.80%           0.68%

  4  Midway         Gadsden         3.70%           3.58%

  5  Quincy         Gadsden         1.10%           0.98%

  6  GILCHRIST      Gilchrist       0.00%           0.00%

  7  Bell           Gilchrist       4.50%           4.38%

  8  Fanning        Gilchrist &

  9  Springs        Levy            5.50%           5.38%

10  Trenton        Gilchrist       3.90%           3.78%

11  GLADES         Glades          0.50%           0.50%

12  Moore Haven    Glades          1.20%           1.08%

13  GULF           Gulf            0.30%           0.30%

14  Port St. Joe   Gulf            3.60%           3.48%

15  Wewahitchka    Gulf            3.60%           3.48%

16  HAMILTON       Hamilton        0.30%           0.30%

17  Jasper         Hamilton        4.80%           4.58%

18  Jennings       Hamilton        1.50%           1.38%

19  White Springs  Hamilton        5.00%           4.88%

20  HARDEE         Hardee          1.10%           1.10%

21  Bowling Green  Hardee          3.20%           3.08%

22  Wauchula       Hardee          5.00%           4.88%

23  Zolfo Springs  Hardee          2.20%           2.08%

24  HENDRY         Hendry          0.70%           0.70%

25  Clewiston      Hendry          3.20%           3.08%

26  La Belle       Hendry          4.10%           3.98%

27  HERNANDO       Hernando        1.40%           1.40%

28  Brooksville    Hernando        0.90%           0.78%

29  Weeki Wachee   Hernando        0.10%           0.00%

30  HIGHLANDS      Highlands       1.10%           1.10%

31  Avon Park      Highlands       4.40%           4.28%

                                  62

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Lake Placid    Highlands       0.90%           0.78%

  2  Sebring        Highlands       1.10%           0.78%

  3  HILLSBOROUGH   Hillsborough    2.10%           1.98%

  4  Plant City     Hillsborough    5.60%           5.48%

  5  Tampa          Hillsborough    5.00%           4.88%

  6  Temple

  7  Terrace        Hillsborough    5.40%           5.28%

  8  HOLMES         Holmes          0.20%           0.20%

  9  Bonifay        Holmes          5.70%           5.58%

10  Esto           Holmes          0.80%           0.68%

11  Noma           Holmes          0.10%           0.00%

12  Ponce de Leon  Holmes          2.70%           2.58%

13  Westville      Holmes          0.90%           0.78%

14  INDIAN RIVER   Indian River    1.40%           1.40%

15  Fellsmere      Indian River    4.10%           3.98%

16  Indian River

17  Shores         Indian River    2.80%           2.68%

18  Orchid         Indian River    2.10%           1.98%

19  Sebastian      Indian River    3.30%           3.18%

20  Vero Beach     Indian River    5.00%           4.88%

21  JACKSON        Jackson         0.20%           0.20%

22  Alford         Jackson         0.30%           0.18%

23  Bascom         Jackson         1.20%           1.08%

24  Campbellton    Jackson         0.30%           0.18%

25  Cottondale     Jackson         4.30%           4.18%

26  Graceville     Jackson         4.40%           4.28%

27  Grand Ridge    Jackson         0.80%           0.68%

28  Greenwood      Jackson         0.40%           0.28%

29  Jacob City     Jackson         0.00%           0.00%

30  Malone         Jackson         0.50%           0.38%

31  Marianna       Jackson         4.00%           3.88%

                                  63

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Sneads         Jackson         3.30%           3.18%

  2  JEFFERSON      Jefferson       0.90%           0.90%

  3  Monticello     Jefferson       4.50%           4.38%

  4  LAFAYETTE      Lafayette       0.00%           0.00%

  5  Mayo           Lafayette       2.00%           1.88%

  6  LAKE           Lake            1.70%           1.70%

  7  Astatula       Lake            4.40%           4.28%

  8  Clermont       Lake            4.70%           4.58%

  9  Eustis         Lake            5.10%           4.98%

10  Fruitland

11  Park           Lake            4.70%           4.58%

12  Groveland      Lake            4.90%           4.78%

13  Howey-in-the-

14  Hills          Lake            3.30%           3.18%

15  Lady Lake      Lake            1.40%           1.28%

16  Leesburg       Lake            1.30%           1.18%

17  Mascotte       Lake            3.90%           3.78%

18  Minneola       Lake            3.20%           3.08%

19  Montverde      Lake            1.80%           1.68%

20  Mount Dora     Lake            1.50%           1.18%

21  Tavares        Lake            5.20%           5.08%

22  Umatilla       Lake            3.10%           2.98%

23  LEE            Lee             2.00%           1.88%

24  Bonita

25  Springs        Lee             1.70%           1.58%

26  Cape Coral     Lee             1.50%           1.38%

27  Ft. Myers      Lee             4.70%           4.58%

28  Ft. Myers

29  Beach          Lee             2.20%           2.08%

30  Sanibel        Lee             2.30%           2.18%

31  LEON           Leon            1.00%           1.00%

                                  64

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Tallahassee    Leon            4.40%           4.28%

  2  LEVY           Levy            0.00%           0.00%

  3  Bronson        Levy            2.50%           2.38%

  4  Cedar Key      Levy            2.10%           1.98%

  5  Chiefland      Levy            2.70%           2.58%

  6  Inglis         Levy            3.50%           3.38%

  7  Otter Creek    Levy            0.70%           0.58%

  8  Williston      Levy            1.60%           1.48%

  9  Yankeetown     Levy            5.60%           5.48%

10  LIBERTY        Liberty         0.60%           0.60%

11  Bristol        Liberty         2.90%           2.78%

12  MADISON        Madison         0.40%           0.40%

13  Greenville     Madison         2.10%           1.98%

14  Lee            Madison         0.50%           0.38%

15  Madison        Madison         4.90%           4.48%

16  MANATEE        Manatee         0.70%           0.70%

17  Anna Maria     Manatee         1.40%           1.28%

18  Bradenton      Manatee         5.60%           5.48%

19  Bradenton

20  Beach          Manatee         5.60%           5.48%

21  Holmes Beach   Manatee         3.50%           3.38%

22  Palmetto       Manatee         5.30%           5.18%

23  Longboat Key   Manatee &

24                 Sarasota        3.20%           3.08%

25  MARION         Marion          0.00%           0.00%

26  Bellview       Marion          0.90%           0.78%

27  Dunnellon      Marion          4.50%           4.38%

28  McIntosh       Marion          1.30%           1.18%

29  Ocala          Marion          4.80%           4.68%

30  Reddick        Marion          1.30%           1.18%

31  MARTIN         Martin          1.30%           1.30%

                                  65

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Jupiter

  2  Island         Martin          0.60%           0.48%

  3  Ocean Breeze

  4  Park           Martin          2.20%           2.08%

  5  Sewalls Point  Martin          2.30%           2.18%

  6  Stuart         Martin          4.80%           4.68%

  7  MIAMI-DADE     Miami-Dade      4.70%           4.48%

  8  Aventura       Miami-Dade      5.20%           5.08%

  9  Bal Harbour    Miami-Dade      4.90%           4.78

10  Bay Harbor

11  Islands        Miami-Dade      4.80%           4.68%

12  Biscayne Park  Miami-Dade      4.40%           4.28%

13  Coral Gables   Miami-Dade      4.10%           3.98%

14  El Portal      Miami-Dade      5.60%           5.48%

15  Florida City   Miami-Dade      5.30%           5.18%

16  Golden Beach   Miami-Dade      2.00%           1.88%

17  Hialeah        Miami-Dade      5.00%           4.88%

18  Hialeah

19  Gardens        Miami-Dade      5.10%           4.98%

20  Homestead      Miami-Dade      5.30%           5.18%

21  Indian Creek

22  Village        Miami-Dade      0.70%           0.58%

23  Islandia       Miami-Dade      0.00%           0.00%

24  Key Biscayne   Miami-Dade      4.60%           4.48%

25  Medley         Miami-Dade      6.10%           5.98%

26  Miami          Miami-Dade      4.70%           4.58%

27  Miami Beach    Miami-Dade      4.70%           4.58%

28  Miami Shores   Miami-Dade      5.60%           5.48%

29  Miami Springs  Miami-Dade      3.00%           2.88%

30  North Bay      Miami-Dade      4.90%           4.78%

31  North Miami    Miami-Dade      4.80%           4.68%

                                  66

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  North Miami

  2  Beach          Miami-Dade      5.00%           4.88%

  3  Opa-Locka      Miami-Dade      3.70%           3.58%

  4  Pinecrest      Miami-Dade      5.40%           5.28%

  5  South Miami    Miami-Dade      4.80%           4.68%

  6  Sunny Isles

  7  Beach          Miami-Dade      5.00%           4.88%

  8  Surfside       Miami-Dade      4.80%           4.68%

  9  Sweetwater     Miami-Dade      4.60%           4.48%

10  Virginia

11  Gardens        Miami-Dade      0.40%           0.28%

12  West Miami     Miami-Dade      4.40%           4.28%

13  MONROE         Monroe          1.40%           1.40%

14  Islamorada     Monroe          0.40%           0.00%

15  Key Colony

16  Beach          Monroe          2.40%           2.28%

17  Key West       Monroe          1.50%           1.38%

18  Layton         Monroe          0.00%           0.00%

19  Marathon       Monroe          1.90%           1.58%

20  NASSAU         Nassau          0.70%           0.70%

21  Callahan       Nassau          4.50%           4.38%

22  Fernandina

23  Beach          Nassau          5.00%           4.88%

24  Hilliard       Nassau          3.20%           3.08%

25  OKALOOSA       Okaloosa        0.60%           0.60%

26  Cinco Bayou    Okaloosa        5.00%           4.88%

27  Crestview      Okaloosa        3.50%           3.38%

28  Destin         Okaloosa        1.90%           1.78%

29  Ft. Walton

30  Beach          Okaloosa        5.50%           5.38%

31  Laurel Hill    Okaloosa        2.80%           2.68%

                                  67

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Mary Esther    Okaloosa        4.90%           4.78%

  2  Niceville      Okaloosa        5.50%           5.38%

  3  Shalimar       Okaloosa        5.00%           4.88%

  4  Valparaiso     Okaloosa        3.80%           3.68%

  5  OKEECHOBEE     Okeechobee      0.80%           0.80%

  6  Okeechobee     Okeechobee      4.50%           4.38%

  7  ORANGE         Orange          4.80%           4.58%

  8  Apopka         Orange          6.00%           5.88%

  9  Bay Lake       Orange          0.00%           0.00%

10  Belle Isle     Orange          1.60%           1.48%

11  Eatonville     Orange          4.30%           4.18%

12  Edgewood       Orange          1.00%           0.88%

13  Lake Buena

14  Vista          Orange          0.00%           0.00%

15  Maitland       Orange          5.10%           4.98%

16  Oakland        Orange          5.00%           4.78%

17  Ocoee          Orange          4.60%           4.28%

18  Orlando        Orange          4.10%           3.88%

19  Windermere     Orange          4.30%           4.18%

20  Winter Garden  Orange          4.30%           4.18%

21  Winter Park    Orange          5.60%           5.48%

22  OSCEOLA        Osceola         5.00%           4.88%

23  Kissimmee      Osceola         4.50%           4.38%

24  St. Cloud      Osceola         5.10%           4.98%

25  PALM BEACH     Palm Beach      4.60%           4.48%

26  Atlantis       Palm Beach      1.10%           0.98%

27  Belle Glade    Palm Beach      5.00%           4.88%

28  Boca Raton     Palm Beach      5.30%           5.08%

29  Boynton Beach  Palm Beach      4.80%           4.68%

30  Briny Breezes  Palm Beach      3.00%           0.28%

31  Cloud Lake     Palm Beach      2.20%           2.08%

                                  68

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Delray Beach   Palm Beach      4.40%           4.28%

  2  Glen Ridge     Palm Beach      1.50%           1.38%

  3  Golf Village   Palm Beach      0.60%           0.48%

  4  Golfview       Palm Beach      0.60%           0.48%

  5  Greenacres

  6  City           Palm Beach      5.30%           5.18%

  7  Gulf Stream    Palm Beach      1.00%           0.88%

  8  Haverhill      Palm Beach      1.40%           1.18%

  9  Highland

10  Beach          Palm Beach      4.00%           3.88%

11  Hypoluxo       Palm Beach      5.80%           5.68%

12  Juno Beach     Palm Beach      4.70%           4.58%

13  Jupiter        Palm Beach      4.00%           3.88%

14  Jupiter Inlet

15  Colony         Palm Beach      1.90%           1.78%

16  Lake Clarke

17  Shores         Palm Beach      1.50%           1.38%

18  Lake Park      Palm Beach      5.20%           5.08%

19  Lake Worth     Palm Beach      4.80%           4.68%

20  Lantana        Palm Beach      5.30%           5.18%

21  Manalapan      Palm Beach      1.60%           1.48%

22  Mangonia Park  Palm Beach      5.50%           5.38%

23  North Palm

24  Beach          Palm Beach      5.10%           4.88%

25  Ocean Ridge    Palm Beach      1.00%           0.88%

26  Pahokee        Palm Beach      4.20%           4.08%

27  Palm Beach     Palm Beach      4.50%           4.38%

28  Palm Beach

29  Gardens        Palm Beach      1.10%           0.98%

30  Palm Beach

31  Shores         Palm Beach      5.40%           5.28%

                                  69

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Palm Springs   Palm Beach      5.20%           5.08%

  2  Riviera Beach  Palm Beach      4.50%           4.38%

  3  Royal Palm

  4  Beach          Palm Beach      4.90%           4.78%

  5  South Bay      Palm Beach      5.10%           4.98%

  6  South Palm

  7  Beach          Palm Beach      5.60%           5.48%

  8  Tequesta

  9  Village        Palm Beach      4.10%           3.98%

10  Wellington     Palm Beach      5.10%           4.98%

11  West Palm

12  Beach          Palm Beach      5.30%           5.18%

13  PASCO          Pasco           1.50%           1.50%

14  Dade City      Pasco           4.90%           4.78%

15  New Port

16  Richey         Pasco           5.50%           5.38%

17  Port Richey    Pasco           0.90%           0.78%

18  Saint Leo      Pasco           1.00%           0.88%

19  San Antonio    Pasco           0.80%           0.68%

20  Zephyrhills    Pasco           5.40%           5.28%

21  PINELLAS       Pinellas        1.80%           1.68%

22  Belleair       Pinellas        1.60%           1.48%

23  Belleair

24  Beach          Pinellas        6.00%           5.88%

25  Belleair

26  Bluffs         Pinellas        2.00%           1.88%

27  Belleair

28  Shore          Pinellas        2.40%           2.28%

29  Clearwater     Pinellas        5.00%           4.88%

30  Dunedin        Pinellas        5.20%           5.08%

31  Gulfport       Pinellas        6.00%           5.88%

                                  70

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Indian Rocks

  2  Beach          Pinellas        2.30%           2.18%

  3  Indian Shores  Pinellas        2.60%           2.48%

  4  Kenneth City   Pinellas        1.30%           1.18%

  5  Largo          Pinellas        5.50%           5.38%

  6  Madeira Beach  Pinellas        5.60%           5.48%

  7  North

  8  Redington

  9  Beach          Pinellas        1.70%           1.58%

10  Oldsmar        Pinellas        5.70%           5.58%

11  Pinellas Park  Pinellas        5.40%           5.28%

12  Redington

13  Beach          Pinellas        5.40%           5.28%

14  Redington

15  Shores         Pinellas        1.10%           0.98%

16  Safety Harbor  Pinellas        6.40%           5.88%

17  St. Pete

18  Beach          Pinellas        5.70%           5.58%

19  St.

20  Petersburg     Pinellas        5.50%           5.38%

21  Seminole       Pinellas        5.10%           4.98%

22  South

23  Pasadena       Pinellas        5.60%           5.48%

24  Tarpon

25  Springs        Pinellas        5.60%           5.48%

26  Treasure

27  Island         Pinellas        2.20%           2.08%

28  POLK           Polk            2.70%           2.58%

29  Auburndale     Polk            4.30%           4.18%

30  Bartow         Polk            6.00%           5.28%

31  Davenport      Polk            3.40%           3.28%

                                  71

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Dundee         Polk            5.60%           5.48%

  2  Eagle Lake     Polk            5.30%           5.18%

  3  Ft. Meade      Polk            5.20%           4.58%

  4  Frostproof     Polk            5.20%           5.08%

  5  Haines City    Polk            5.10%           4.98%

  6  Highland Park  Polk            0.00%           0.00%

  7  Hillcrest

  8  Heights        Polk            1.10%           0.98%

  9  Lake Alfred    Polk            4.50%           4.38%

10  Lake Hamilton  Polk            3.60%           3.48%

11  Lake Wales     Polk            4.40%           4.28%

12  Lakeland       Polk            5.20%           5.08%

13  Mulberry       Polk            3.10%           2.98%

14  Polk City      Polk            2.80%           2.68%

15  Winter Haven   Polk            6.20%           6.08%

16  PUTNAM         Putnam          1.20%           1.20%

17  Crescent City  Putnam          4.30%           4.18%

18  Interlachen    Putnam          1.60%           1.48%

19  Palatka        Putnam          5.00%           4.88%

20  Pomona Park    Putnam          2.90%           2.78%

21  Welaka         Putnam          2.50%           2.38%

22  SANTA ROSA     Santa Rosa      1.50%           1.50%

23  Gulf Breeze    Santa Rosa      1.10%           0.98%

24  Jay            Santa Rosa      1.30%           1.18%

25  Milton         Santa Rosa      5.70%           5.58%

26  SARASOTA       Sarasota        4.70%           4.58%

27  North Port     Sarasota        5.60%           5.48%

28  Sarasota       Sarasota        5.20%           5.08%

29  Venice         Sarasota        5.00%           4.88%

30  SEMINOLE       Seminole        2.90%           2.68%

31  Altamonte

                                  72

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






    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






  1  Springs        Seminole        4.80%           4.68%

  2  Casselberry    Seminole        5.30%           5.18%

  3  Lake Mary      Seminole        4.10%           3.98%

  4  Longwood       Seminole        5.40%           5.28%

  5  Oviedo         Seminole        4.30%           4.18%

  6  Sanford        Seminole        4.70%           4.58%

  7  Winter

  8  Springs        Seminole        5.80%           5.68%

  9  ST. JOHNS      St. Johns       1.20%           1.20%

10  Hastings       St. Johns       1.50%           1.38%

11  St. Augustine  St. Johns       4.50%           4.38%

12  St. Augustine

13  Beach          St. Johns       4.50%           4.38%

14  ST. LUCIE      St. Lucie       1.20%           1.20%

15  Ft. Pierce     St. Lucie       4.50%           4.38%

16  Port St.

17  Lucie          St. Lucie       1.50%           1.38%

18  St. Lucie

19  Village        St. Lucie       1.60%           1.48%

20  SUMTER         Sumter          0.70%           0.70%

21  Bushnell       Sumter          5.00%           4.88%

22  Center Hill    Sumter          4.30%           4.18%

23  Coleman        Sumter          3.90%           3.78%

24  Webster        Sumter          3.10%           2.98%

25  Wildwood       Sumter          3.60%           3.48%

26  SUWANNEE       Suwannee        0.40%           0.40%

27  Branford       Suwannee        4.60%           4.48%

28  Live Oak       Suwannee        5.60%           5.48%

29  TAYLOR         Taylor          1.10%           1.10%

30  Perry          Taylor          5.50%           5.38%

31  UNION          Union           0.40%           0.40%

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  1  Lake Butler    Union           2.30%           2.18%

  2  Raiford        Union           0.00%           0.00%

  3  Worthington

  4  Springs        Union           0.00%           0.00%

  5  VOLUSIA        Volusia         3.90%           3.78%

  6  Daytona Beach  Volusia         4.60%           4.48%

  7  Daytona Beach

  8  Shores         Volusia         5.10%           4.98%

  9  DeBary         Volusia         4.40%           4.28%

10  DeLand         Volusia         4.20%           4.08%

11  Deltona        Volusia         6.10%           5.98%

12  Edgewater      Volusia         4.80%           4.68%

13  Holly Hill     Volusia         4.20%           4.08%

14  Lake Helen     Volusia         2.00%           1.88%

15  New Smyrna

16  Beach          Volusia         4.00%           3.88%

17  Oak Hill       Volusia         3.50%           3.38%

18  Orange City    Volusia         4.50%           4.38%

19  Ormond Beach   Volusia         4.90%           4.78%

20  Pierson        Volusia         1.10%           0.98%

21  Ponce Inlet    Volusia         5.30%           5.18%

22  Port Orange    Volusia         4.70%           4.58%

23  South Daytona  Volusia         5.60%           5.48%

24  WAKULLA        Wakulla         0.80%           0.80%

25  St. Marks      Wakulla         0.00%           0.00%

26  Sopchoppy      Wakulla         1.20%           1.08%

27  WALTON         Walton          0.70%           0.70%

28  DeFuniak

29  Springs        Walton          4.70%           4.58%

30  Freeport       Walton          1.30%           1.18%

31  Paxton         Walton          2.60%           2.48%

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  1  WASHINGTON     Washington      0.20%           0.20%

  2  Caryville      Washington      1.00%           0.88%

  3  Chipley        Washington      5.30%           5.18%

  4  Ebro           Washington      0.60%           0.48%

  5  Vernon         Washington      5.40%           5.28%

  6  Wausau         Washington      1.70%           1.58%

  7

  8         (c)  Notwithstanding the rates provided by paragraph

  9  (b), the following local communications services tax

10  conversion rates shall take effect upon the expiration of

11  existing franchise agreements which provide for fees in excess

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

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

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

15  municipalities and charter counties or of up to 0.24 percent

16  for noncharter counties authorized pursuant to s. 337.401.

17

18  Jurisdiction County   Conversion     Conversion     Effective

19                        rates for      rates for      date of

20                        local          local          new rates

21                        governments    governments

22                        that have NOT  that have

23                        chosen to      chosen to

24                        levy permit    levy permit

25                        fees           fees

26

27  Indialantic  Brevard     5.80%         5.68%        January 1,

28                                                      2014

29  Titusville   Brevard     5.00%         4.88%        January 1,

30                                                      2014

31

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  1  Punta Gorda  Charlotte   4.90%         4.78%        January 1,

  2                                                      2009

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

  4                                                      2006

  5  Valparaiso   Okaloosa    3.20%         3.08%        August 1,

  6                                                      2003

  7  Dade City    Pasco       4.50%         4.38%        January

  8                                                      1,2011

  9  Palatka      Putnam      4.70%         4.58%        September

10                                                      1, 2003

11

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

13  Estimating Conference shall compute for each municipality and

14  county the rate of local communications services tax which

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

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

17  through the imposition of a local communications services tax,

18  revenues equal to the sum of:

19         1.  The amount of revenues estimated to have been

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

21  actually received from the replaced revenue sources in the

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

23  growth reasonably estimated to have occurred in the final

24  quarter of calendar year 1999; and

25         2.  An amount representing the revenues the

26  jurisdiction would have received from the replaced revenue

27  sources during the month immediately preceding the month in

28  which local taxing jurisdictions receive their first

29  distributions of revenues under this chapter.

30

31

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

  2  Revenue Estimating Conference shall consider, to the maximum

  3  extent practicable, changes in local replaced revenues, other

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

  5  amounts in subparagraphs 1. and 2. accordingly.

  6         (b)  The rates computed by the Revenue Estimating

  7  Conference shall be presented to the Legislature for review

  8  and approval during the 2001 Regular Session. The rates

  9  approved by the Legislature under this subsection shall be

10  effective in the respective local taxing jurisdictions on

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

12  governing authority or voters of such local taxing

13  jurisdictions. The rate computed and approved pursuant to this

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

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

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

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

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

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

20  revenues received by that local government from the local

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

22  202.19(1) are less than the revenues received from the

23  replaced revenue sources for the corresponding 2000-2001

24  period; plus reasonably anticipated growth in such revenues

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

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

27  plus an amount representing the revenues from the replaced

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

29  jurisdiction was required to forego, the governing authority

30  may adjust the rate of the local communications services tax

31  upward to the extent necessary to generate the entire

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  1  shortfall in revenues within 1 year after the rate adjustment

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

  3  revenue on an ongoing basis.

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

  5  determining whether the revenues received by a local

  6  government from the local communications services tax imposed

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

  8  the replaced revenue sources for the corresponding 2000-2001

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

10  shall use the best data available for the corresponding

11  2000-2001 period in making such determination.

12         3.  The adjustment permitted under subparagraph 1. may

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

14  notwithstanding the maximum rate established under s.

15  202.19(2) subsection (2) and notwithstanding any schedules or

16  timeframes or any other limitations contained in this chapter.

17  The emergency ordinance or resolution shall specify an

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

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

20  resolution and shall be effective with respect to taxable

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

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

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

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

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

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

27  of revenues not received prior to the implementation of the

28  emergency rate.

29         4.  If, for the period October 1, 2001, through

30  September 30, 2002, the revenues received by a local

31  government from the local communications services tax

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  1  conversion rate established under subsection (1), adjusted

  2  upward for the difference in rates between paragraphs (1)(a)

  3  and (b) or any other rate adjustments or base changes, are

  4  above the threshold of 10 percent more than the revenues

  5  received from the replaced revenue sources for the

  6  corresponding 2000-2001 period, plus reasonably anticipated

  7  growth in such revenues over the preceding 1-year period based

  8  on the average growth of such revenues over the immediately

  9  preceding 5-year period, the governing authority shall adjust

10  the rate of the local communications services tax to the

11  extent necessary to reduce revenues to the threshold by

12  emergency ordinance or resolution within the timeframes

13  established in subparagraph 3.  If complete data are not

14  available at the time of determining whether the revenues

15  exceed the threshold, the local government shall use the best

16  data available for the corresponding 2000-2001 period in

17  making such determination.  This subparagraph shall not be

18  construed as establishing a right of action for any person to

19  enforce this provision or challenge a local government's

20  implementation of this subparagraph.

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

22  Estimating Conference shall compute, in accordance with this

23  paragraph, the maximum rates at which local taxing

24  jurisdictions shall be permitted to impose local

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

26         1.  A single maximum rate shall apply to all

27  municipalities and charter counties, and another single

28  maximum rate shall apply to all other counties.

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

30  services taxed pursuant to this chapter, shall be calculated

31  to produce the revenues which could have been generated from

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  1  the replaced revenue sources, assuming that all local taxing

  2  jurisdictions had imposed every replaced revenue source in the

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

  4  amount of revenues.

  5         (b)  The rates computed by the Revenue Estimating

  6  Conference shall be presented to the Legislature for review

  7  and approval during the 2001 Regular Session. The rates

  8  approved by the Legislature pursuant to this subsection shall

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

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

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

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

13  information set forth in this paragraph, in a format

14  prescribed by the department. Returns shall contain data for

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

16  remittances of replaced revenue sources for each local taxing

17  jurisdiction and an estimate of the revenue from

18  communications services that will be taxable pursuant to this

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

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

21  statewide sales taxable under chapter 203, taxable sales under

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

23  212.08(7)(j) and exempt sales to governmental and other exempt

24  entities under chapter 212.

25         (b)  All information furnished to the department under

26  this subsection shall be available to all local taxing

27  jurisdictions. Such taxpayer information shall remain subject

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

29  taxing jurisdictions for any purpose other than to review the

30  validity of data and the calculations made pursuant to this

31  subsection.

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

  2  each municipality shall provide the following data to the

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

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

  5         2.  The amount of revenues received during fiscal year

  6  1998-1999 and, if known, the 1999 calendar year.

  7         3.  A description of the revenue base or taxable

  8  services.

  9         4.  The name and federal employer identification number

10  of each taxpayer.

11         5.  For the purpose of assisting the Revenue Estimating

12  Conference in the computations required by this section, any

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

14  changes in the rate of replaced revenues or imposition of

15  additional replaced revenues subsequent to September 30, 1999.

16         (d)  The department shall provide technical assistance

17  to the Revenue Estimating Conference and compile and analyze

18  the information submitted pursuant to this subsection in the

19  manner requested by the Revenue Estimating Conference.

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

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

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

23  impositions to the extent that the respective local taxing

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

25  2000.

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

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

28         a.1.  The public service tax on telecommunications

29  authorized by s. 166.231(9).

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

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

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

  2  arrangements.

  3         d.4.  Franchise fees on dealers of communications

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

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

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

  7  charter counties be treated as having had the same authority

  8  as municipalities to impose franchise fees on recurring local

  9  telecommunication service revenues prior to July 1, 2000.

10  However, the Legislature recognizes that the authority of

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

12  treatment provided in this section is not an expression of

13  legislative intent that charter counties actually do or do not

14  possess such authority.

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

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

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

18  communications services for the fiscal year ending September

19  30, 1999; however, if a municipality or charter county elects

20  the option to charge permit fees pursuant to s.

21  337.401(3)(c)1.a., such fees shall not be included as a

22  replaced revenue source.

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

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

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

26         (3)(5)  For any county or school board that levies a

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

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

29  as follows:

30

31

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  1  County       .5%             1%                 1.5%

  2               Discretionary   Discretionary      Discretionary

  3               surtax          surtax             surtax

  4               conversion      conversion         conversion

  5               rates           rates              rates

  6

  7  Alachua        0.3%           0.6%                0.8%

  8  Baker          0.3%           0.5%                0.8%

  9  Bay            0.3%           0.5%                0.8%

10  Bradford       0.3%           0.6%                0.8%

11  Brevard        0.3%           0.6%                0.9%

12  Broward        0.3%           0.5%                0.8%

13  Calhoun        0.3%           0.5%                0.8%

14  Charlotte      0.3%           0.6%                0.9%

15  Citrus         0.3%           0.6%                0.9%

16  Clay           0.3%           0.6%                0.8%

17  Collier        0.4%           0.7%                1.0%

18  Columbia       0.3%           0.6%                0.9%

19  Dade           0.3%           0.5%                0.8%

20  Desoto         0.3%           0.6%                0.8%

21  Dixie          0.3%           0.5%                0.8%

22  Duval          0.3%           0.6%                0.8%

23  Escambia       0.3%           0.6%                0.9%

24  Flagler        0.4%           0.7%                1.0%

25  Franklin       0.3%           0.6%                0.9%

26  Gadsden        0.3%           0.5%                0.8%

27  Gilchrist      0.3%           0.5%                0.7%

28  Glades         0.3%           0.6%                0.8%

29  Gulf           0.3%           0.5%                0.8%

30  Hamilton       0.3%           0.6%                0.8%

31  Hardee         0.3%           0.5%                0.8%

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  1  Hendry         0.3%           0.6%                0.9%

  2  Hernando       0.3%           0.6%                0.9%

  3  Highlands      0.3%           0.6%                0.9%

  4  Hillsborough   0.3%           0.6%                0.8%

  5  Holmes         0.3%           0.6%                0.8%

  6  Indian River   0.3%           0.6%                0.9%

  7  Jackson        0.3%           0.5%                0.7%

  8  Jefferson      0.3%           0.5%                0.8%

  9  Lafayette      0.3%           0.5%                0.7%

10  Lake           0.3%           0.6%                0.9%

11  Lee            0.3%           0.6%                0.9%

12  Leon           0.3%           0.6%                0.8%

13  Levy           0.3%           0.5%                0.8%

14  Liberty        0.3%           0.6%                0.8%

15  Madison        0.3%           0.5%                0.8%

16  Manatee        0.3%           0.6%                0.8%

17  Marion         0.3%           0.5%                0.8%

18  Martin         0.3%           0.6%                0.8%

19  Monroe         0.3%           0.6%                0.9%

20  Nassau         0.3%           0.6%                0.8%

21  Okaloosa       0.3%           0.6%                0.8%

22  Okeechobee     0.3%           0.6%                0.9%

23  Orange         0.3%           0.5%                0.8%

24  Osceola        0.3%           0.5%                0.8%

25  Palm Beach     0.3%           0.6%                0.8%

26  Pasco          0.3%           0.6%                0.9%

27  Pinellas       0.3%           0.6%                0.9%

28  Polk           0.3%           0.6%                0.8%

29  Putnam         0.3%           0.6%                0.8%

30  St. Johns      0.3%           0.6%                0.8%

31  St. Lucie      0.3%           0.6%                0.8%

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  1  Santa Rosa     0.3%           0.6%                0.9%

  2  Sarasota       0.3%           0.6%                0.9%

  3  Seminole       0.3%           0.6%                0.8%

  4  Sumter         0.3%           0.5%                0.8%

  5  Suwannee       0.3%           0.6%                0.8%

  6  Taylor         0.3%           0.6%                0.9%

  7  Union          0.3%           0.5%                0.8%

  8  Volusia        0.3%           0.6%                0.8%

  9  Wakulla        0.3%           0.6%                0.9%

10  Walton         0.3%           0.6%                0.9%

11  Washington     0.3%           0.5%                0.8%

12

13

14  However, the discretionary sales surtax rate on communications

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

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

17  shall be calculated by averaging or adding the appropriate

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

19  percent. multiplied by a factor to determine the applicable

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

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

22  2000. The factor shall be calculated such that any rate

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

24  tax revenues as the corresponding rate levied on

25  telecommunication services under s. 212.055 during the year

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

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

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

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

30  to the Legislature for review and approval during the 2001

31  Regular Session.

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  1         (6)  For purposes of calculating the appropriate value

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

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

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

  5  its computation any adjustment necessary to include the value

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

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

  8  of public, educational, or governmental access facilities

  9  allowed under federal law.

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

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

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

13  from any dealer of communications services fees in excess of

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

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

16  pursuant to an agreement with such dealer of communications

17  services in effect on such date.

18         (b)  Immediately upon the expiration of an agreement

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

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

21  jurisdiction, shall automatically be reduced by the portion of

22  such rate representing the difference between the fees

23  actually received by the taxing jurisdiction pursuant to the

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

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

26  would have received for such period under the applicable

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

28  prior to the effective date of this section.

29         Section 13.  (1)  Notwithstanding any provision of

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

31  municipality or county that has a local communications

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  1  services tax conversion rate established under s. 202.20,

  2  Florida Statutes, which is less than the maximum rate

  3  established under s. 202.19, Florida Statutes, may by

  4  resolution or ordinance increase its rate up to the maximum

  5  rate established under s. 202.19, Florida Statutes, with such

  6  increased rate to be effective October 1, 2001. For purposes

  7  of this section, during the period beginning on October 1,

  8  2001, and ending September 30, 2002, the maximum rate

  9  established under s. 202.19, Florida Statutes, shall be deemed

10  to be the sum of such maximum rate plus the difference between

11  the conversion rates set forth in paragraphs (a) and (b) of s.

12  202.20(1), Florida Statutes. The municipality or county shall

13  notify the department of such increased rate by certified mail

14  postmarked on or before July 16, 2001.

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

16  becoming a law.

17         Section 14.  Section 202.21, Florida Statutes, is

18  amended to read:

19         202.21  Effective dates; procedures for informing

20  dealers of communications services of tax levies and rate

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

22  local communications services tax imposed under s. 202.19 is

23  effective with respect to taxable services included on bills

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

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

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

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

28  September 1 immediately preceding such January 1. Notification

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

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

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

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

  2  municipality or county to respond to inquiries concerning the

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

  4  repeal, or change to all affected dealers of communications

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

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

  7  communications services tax by emergency ordinance or

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

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

10  The department shall provide written notice of the adoption of

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

12  receiving such notice. In any notice to providers or

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

14  the department shall express the rate for a municipality or

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

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

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

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

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

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

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

22  202.19.

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

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

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

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

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

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

29         202.22  Determination of local tax situs.--

30         (1)  A dealer of communications services who is

31  obligated to collect and remit a local communications services

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

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

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

  4  service address to an incorrect local taxing jurisdiction, if

  5  the dealer of communications services exercises due diligence

  6  in applying one or more of the following methods for

  7  determining the local taxing jurisdiction in which a service

  8  address is located:

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

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

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

12  taxing jurisdiction.

13         2.  If an enhanced zip code overlaps boundaries of

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

15  be assigned to the service address because the service address

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

17  dealer of communications services or its database vendor shall

18  assign the affected service addresses to one specific local

19  taxing jurisdiction within such zip code based on a reasonable

20  methodology. A methodology satisfies this subparagraph

21  paragraph if the information used to assign service addresses

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

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

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

25  subsection (3);

26         c.3.  Responsible representatives of the relevant local

27  taxing jurisdictions; or

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

29  States Postal Service.

30         (2)

31

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

  2  the department all information needed to create and update the

  3  electronic database, including changes in service addresses,

  4  annexations, incorporations, reorganizations, and any other

  5  changes in jurisdictional boundaries. The information

  6  furnished to the department must specify an effective date,

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

  8  information must be furnished to the department at least 120

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

10  that counties submit information pursuant to this paragraph

11  shall be subject to appropriation.

12         2.  The department shall update the electronic database

13  in accordance with the information furnished by local taxing

14  jurisdictions under subparagraph 1. Each update must specify

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

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

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

18  furnish the update on magnetic or electronic media to any

19  dealer of communications services or vendor who requests the

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

21  fee from the dealer of communications services which does not

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

23  electronic media.

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

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

26  Each dealer of communications services shall be required to

27  collect and remit local communications services taxes imposed

28  under this chapter only for those service addresses that are

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

30  required by this subsection are included in the database.

31

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

  2  certified by the department pursuant to rules that implement

  3  the following criteria and procedures:

  4         (b)  Upon receipt of an application for certification

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

  6  shall apply, except that the department shall examine the

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

  8  applicant of any apparent errors or omissions and request any

  9  additional information, conduct any inspection, or perform any

10  testing determined necessary. The applicant shall designate an

11  individual responsible for providing access to all records,

12  facilities, and processes the department determines are

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

14  determination regarding the application. Such access must be

15  provided within 10 working days after notification.

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

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

18  identification number, mailing address, business address, and

19  any other information required by the department. The

20  application may request that the applicant identify must

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

22  applicant's proposal for testing the database.

23         (g)  Notwithstanding any provision of law to the

24  contrary, if a dealer submits an application for certification

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

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

27  rule becomes effective, and such application is neither

28  approved nor denied within the time period set forth in

29  paragraph (d):

30         1.  For purposes of computing the amount of the

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

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

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

  3  application for certification is denied.

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

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

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

  7  later.

  8         (4)

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

10  of communications services is exercising due diligence in

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

12  (1) if the dealer:

13         1.  Expends reasonable resources to accurately and

14  reliably implement such method. However, the employment of

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

16  requirements of this subparagraph; and

17         2.  Maintains adequate internal controls in assigning

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

19  office box ranges to taxing jurisdictions. Internal controls

20  are adequate if the dealer of communications services:

21         a.  Maintains and follows procedures to obtain and

22  implement periodic and consistent updates to the database at

23  least once every 6 months; and

24         b.  Corrects errors in the assignments of service

25  addresses to local taxing jurisdictions within 120 days after

26  the dealer discovers such errors.

27         (6)

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

29  communications services employs a method of assigning service

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

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

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  1  to the dealer of communications services as compensation under

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

  3  and accounted for and remitted to the department which is

  4  attributable to such method of assigning service addresses

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

  6  or paragraph (1)(c).

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

  8  Florida Statutes, to read:

  9         202.23  Procedure on purchaser's request for refund or

10  credit of communications services taxes.--

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

12  appears, upon examination of a communications services tax

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

14  department by the dealer, that an amount of communications

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

16  department may refund the amount of the overpayment to the

17  dealer. The department may refund the overpayment without

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

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

20  a statement affirming that the dealer made the overpayment.

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

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

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

24  refund.

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

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

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

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

29  has elapsed.

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

31  department pursuant to this subsection, the department

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  1  determines that the amount of such refund exceeds the amount

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

  3  concerning penalties and interest shall not apply if, within

  4  60 days of receiving notice of such determination, the dealer

  5  reimburses the department the amount of such excess.

  6         Section 17.  Section 202.231, Florida Statutes, is

  7  created to read:

  8         202.231  Provision of information to local taxing

  9  jurisdictions.--

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

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

12  Each report shall contain the following information for the

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

14  information necessary to identify each dealer providing

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

16  employer identification number; the gross taxable sales

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

18  allowance; and any adjustments specified on the return,

19  including audit assessments or refunds, and interest or

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

21  being remitted to the jurisdiction.  The report shall total

22  the net amount transferred to the jurisdiction, showing the

23  net taxes remitted by dealers less the administrative fees

24  deducted by the department.

25         (2)  Monthly reports shall be transmitted by the

26  department to each municipality and county through a secure

27  electronic mail system or by other suitable written or

28  electronic means.

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

30  202.24, Florida Statutes, is amended to read:

31

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  1         202.24  Limitations on local taxes and fees imposed on

  2  dealers of communications services.--

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

  4  public body is prohibited from:

  5         1.  Levying on or collecting from dealers or purchasers

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

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

  8  communications services.

  9         2.  Requiring any dealer of communications services to

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

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

12  other imposition.

13         3.  Adopting or enforcing any provision of any

14  ordinance or agreement to the extent that such provision

15  obligates a dealer of communications services to charge,

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

17  other imposition.

18

19  Each municipality and county retains authority to negotiate

20  all terms and conditions of a cable service franchise allowed

21  by federal and state law 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 on providers of cable

25  services.

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

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

28  payment of property or services which is required by ordinance

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

30  through a dealer of communications services in its capacity as

31

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  1  a dealer of communications services, regardless of whether

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

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

  4  charge, franchise fee, user fee, privilege fee, occupancy fee,

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

  6  fee, or other tax or fee;

  7         2.  Measured by the amounts charged or received for

  8  services, regardless of whether such amount is permitted or

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

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

11  other means; or

12         3.  Intended as compensation for the use of public

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

14  for other purposes.

15         (c)  This subsection does not apply to:

16         1.  Local communications services taxes levied under

17  this chapter.

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

19         3.  Occupational license taxes levied under chapter

20  205.

21         4.  "911" service charges levied under chapter 365.

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

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

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

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

26  attachment of equipment used in the provision of

27  communications services.

28         6.  Permit fees of general applicability which are not

29  related to placing or maintaining facilities in or on public

30  roads or rights-of-way.

31

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  1         7.  Permit fees related to placing or maintaining

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

  3  s. 337.401.

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

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

  6  construction of public, educational, or governmental access

  7  facilities allowed under federal law and imposed on providers

  8  of cable service pursuant to any ordinance or agreement.

  9  Nothing in this subparagraph shall prohibit the ability of

10  providers of cable service to recover such expenses as allowed

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

12  Legislature during the 2001 legislative session in conjunction

13  with the study required by this act.

14         9.  Special assessments and impact fees.

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

16  government for attachments to utility poles owned by the local

17  government.

18         11.  Utility service fees or other similar user fees

19  for utility services.

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

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

22  is not specifically prohibited by this subsection or included

23  as a replaced revenue source in s. 202.20.

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

25  202.26, Florida Statutes, is repealed.

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

27  Statutes, is amended to read:

28         202.27  Return filing; rules for self-accrual.--

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

30  required to be initiated through an electronic data

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

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

  2  federal or state legal holiday, returns are timely if

  3  postmarked on the next succeeding workday. Any dealer who

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

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

  6  maintains records for such locations in a central office or

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

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

  9  location; however, the return must clearly indicate the

10  amounts collected within each location. Each dealer shall file

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

12  such period.

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

14  Statutes, is amended to read:

15         202.28  Credit for collecting tax; penalties.--

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

17  purpose of compensating persons providing communications

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

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

20  taxes, persons collecting taxes imposed under this chapter and

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

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

23  remitted to the department.

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

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

26  tax is delinquent at the time of payment.

27         (b)  The department may deny the collection allowance

28  if a taxpayer files an incomplete return.

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

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

31  arrangement that the physical handling, verification, review

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

  2  reported on the return can not be readily accomplished.

  3         2.  The department shall adopt rules requiring the

  4  information that it considers necessary to ensure that the

  5  taxes levied or administered under this chapter are properly

  6  collected, reviewed, compiled, reported, and enforced,

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

  8  of the amount of gross sales; the amount of taxable sales; the

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

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

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

12  interest; and the amount due with the return.

13         (c)  The collection allowance and other credits or

14  deductions provided in this chapter shall be applied to the

15  taxes reported for the jurisdiction previously credited with

16  the tax paid.

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

18  202.37, Florida Statutes, is amended to read:

19         202.37  Special rules for administration of local

20  communications services tax.--

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

22  all statutory provisions and administrative rules applicable

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

24  to any local communications services tax imposed under s.

25  202.19, and the department shall administer, collect, and

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

27  and penalties attributable thereto, in accordance with the

28  same procedures used in the administration, collection, and

29  enforcement of the communications services tax imposed by s.

30  202.12.  Audits performed by the department shall include a

31  determination of the dealer's compliance with the

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  1  jurisdictional situsing of its customers' service addresses

  2  and a determination of whether the rate collected for the

  3  local tax pursuant to ss. 202.19 and 202.20 is correct. The

  4  person or entity designated by a local government pursuant to

  5  s. 213.053(7)(u) may provide evidence to the department

  6  demonstrating a specific person's failure to fully or

  7  correctly report taxable communications services sales within

  8  the jurisdiction. The department may request additional

  9  information from the designee to assist in any review. The

10  department shall inform the designee of what action, if any,

11  the department intends to take regarding the person.

12         Section 23.  Section 202.38, Florida Statutes, is

13  created to read:

14         202.38  Special rules for bad debts and adjustments

15  under previous taxes.--

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

17  chapter 212 on telecommunications services billed prior to

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

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

20  or obtain a refund of the state communications services tax

21  imposed under this chapter on unpaid balances due on worthless

22  accounts within 12 months following the last day of the

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

24  taxpayer's federal income tax return.

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

26  levied pursuant to chapter 166 on telecommunications services

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

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

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

30  communications services tax imposed by such jurisdiction on

31  unpaid balances due on worthless accounts within 12 months

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

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

  3  return.

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

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

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

  7  first communications services tax return filed after such

  8  receipt and the applicable state and local communications

  9  services tax paid accordingly.

10         (c)  Bad debts associated with accounts receivable

11  which have been assigned or sold with recourse are eligible

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

13  refund authorized by this section.

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

15  adjustment of the tax imposed by chapter 212 on

16  telecommunications services billed prior to October 1, 2001,

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

18  2000-260, Laws of Florida, such dealer may take a credit or

19  obtain a refund of the state communications services tax

20  imposed under this chapter.

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

22  adjustment of a local public service tax levied pursuant to

23  chapter 166 on telecommunications services billed prior to

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

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

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

27  services tax imposed by such jurisdiction pursuant to this

28  chapter.

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

30  203 attributable to bad debts or adjustments with respect to

31  telecommunications services billed prior to October 1, 2001,

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  1  shall be governed by the applicable provisions of this

  2  chapter.

  3         (4)  Notwithstanding any provision of law to the

  4  contrary, the refunds and credits allowed by this section

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

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

  7  such refunds and credits relate.

  8         Section 24.  Section 202.381, Florida Statutes, is

  9  created to read:

10         202.381  Transition from previous taxes.--The

11  department is directed to implement the tax changes contained

12  in this act, and in chapter 2000-260, Laws of Florida, in a

13  manner that ensures that any request or action under existing

14  statutes and rules, including, but not limited to, a claim for

15  a credit or refund of an overpayment of tax, audits in

16  progress, and protests of tax, penalty, or interest initiated

17  before October 1, 2001, shall apply, to the fullest extent

18  possible, to any tax that replaces an existing tax that is

19  repealed effective October 1, 2001. It is the intent of the

20  Legislature that a person not be subject to an adverse

21  administrative action solely due to the tax changes that take

22  effect October 1, 2001.

23         Section 25.  Paragraph (b) of subsection (1) of section

24  203.01, Florida Statutes, as amended by chapter 2000-260, Laws

25  of Florida, is amended to read:

26         203.01  Tax on gross receipts for utility and

27  communications services.--

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

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

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

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

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  1  receipts derived from business done within this state, or

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

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

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

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

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

  7  Education.

  8         2.  A tax is levied on communications services as

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

10  services and transactions as are subject to taxation under

11  chapter 202, and to communications services that are subject

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

13  applied to the sales price of communications services when

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

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

16  202.11, shall be due and payable at the same time as the taxes

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

18  collected pursuant to the provisions of chapter 202.

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

20  percent. The rate applied to communications services shall be

21  2.37 percent the rate calculated pursuant to s. 44, chapter

22  2000-260, Laws of Florida.

23         Section 26.  Paragraph (a) of subsection (1) of section

24  212.031, Florida Statutes, is amended to read:

25         212.031  Lease or rental of or license in real

26  property.--

27         (1)(a)  It is declared to be the legislative intent

28  that every person is exercising a taxable privilege who

29  engages in the business of renting, leasing, letting, or

30  granting a license for the use of any real property unless

31  such property is:

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  1         1.  Assessed as agricultural property under s. 193.461.

  2         2.  Used exclusively as dwelling units.

  3         3.  Property subject to tax on parking, docking, or

  4  storage spaces under s. 212.03(6).

  5         4.  Recreational property or the common elements of a

  6  condominium when subject to a lease between the developer or

  7  owner thereof and the condominium association in its own right

  8  or as agent for the owners of individual condominium units or

  9  the owners of individual condominium units. However, only the

10  lease payments on such property shall be exempt from the tax

11  imposed by this chapter, and any other use made by the owner

12  or the condominium association shall be fully taxable under

13  this chapter.

14         5.  A public or private street or right-of-way and

15  poles, conduits, fixtures, and similar improvements located on

16  such streets or rights-of-way, occupied or used by a utility

17  or provider of communications services, as defined by s.

18  202.11, franchised cable television company for utility or

19  communications or television purposes. For purposes of this

20  subparagraph, the term "utility" means any person providing

21  utility services as defined in s. 203.012. This exception also

22  applies to property, wherever located, on which the following

23  are placed: towers, antennas, cables, accessory structures, or

24  equipment, not including switching equipment, used in the

25  provision of mobile communications services as defined in s.

26  202.11. For purposes of this chapter, towers used in the

27  provision of mobile communications services, as defined in s.

28  202.11, are considered to be fixtures.

29         6.  A public street or road which is used for

30  transportation purposes.

31

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  1         7.  Property used at an airport exclusively for the

  2  purpose of aircraft landing or aircraft taxiing or property

  3  used by an airline for the purpose of loading or unloading

  4  passengers or property onto or from aircraft or for fueling

  5  aircraft.

  6         8.a.  Property used at a port authority, as defined in

  7  s. 315.02(2), exclusively for the purpose of oceangoing

  8  vessels or tugs docking, or such vessels mooring on property

  9  used by a port authority for the purpose of loading or

10  unloading passengers or cargo onto or from such a vessel, or

11  property used at a port authority for fueling such vessels, or

12  to the extent that the amount paid for the use of any property

13  at the port is based on the charge for the amount of tonnage

14  actually imported or exported through the port by a tenant.

15         b.  The amount charged for the use of any property at

16  the port in excess of the amount charged for tonnage actually

17  imported or exported shall remain subject to tax except as

18  provided in sub-subparagraph a.

19         9.  Property used as an integral part of the

20  performance of qualified production services.  As used in this

21  subparagraph, the term "qualified production services" means

22  any activity or service performed directly in connection with

23  the production of a qualified motion picture, as defined in s.

24  212.06(1)(b), and includes:

25         a.  Photography, sound and recording, casting, location

26  managing and scouting, shooting, creation of special and

27  optical effects, animation, adaptation (language, media,

28  electronic, or otherwise), technological modifications,

29  computer graphics, set and stage support (such as

30  electricians, lighting designers and operators, greensmen,

31  prop managers and assistants, and grips), wardrobe (design,

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  1  preparation, and management), hair and makeup (design,

  2  production, and application), performing (such as acting,

  3  dancing, and playing), designing and executing stunts,

  4  coaching, consulting, writing, scoring, composing,

  5  choreographing, script supervising, directing, producing,

  6  transmitting dailies, dubbing, mixing, editing, cutting,

  7  looping, printing, processing, duplicating, storing, and

  8  distributing;

  9         b.  The design, planning, engineering, construction,

10  alteration, repair, and maintenance of real or personal

11  property including stages, sets, props, models, paintings, and

12  facilities principally required for the performance of those

13  services listed in sub-subparagraph a.; and

14         c.  Property management services directly related to

15  property used in connection with the services described in

16  sub-subparagraphs a. and b.

17

18  This exemption will inure to the taxpayer upon presentation of

19  the certificate of exemption issued to the taxpayer under the

20  provisions of s. 288.1258.

21         10.  Leased, subleased, licensed, or rented to a person

22  providing food and drink concessionaire services within the

23  premises of a convention hall, exhibition hall, auditorium,

24  stadium, theater, arena, civic center, performing arts center,

25  publicly owned recreational facility, or any business operated

26  under a permit issued pursuant to chapter 550.  A person

27  providing retail concessionaire services involving the sale of

28  food and drink or other tangible personal property within the

29  premises of an airport shall be subject to tax on the rental

30  of real property used for that purpose, but shall not be

31  subject to the tax on any license to use the property.  For

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  1  purposes of this subparagraph, the term "sale" shall not

  2  include the leasing of tangible personal property.

  3         11.  Property occupied pursuant to an instrument

  4  calling for payments which the department has declared, in a

  5  Technical Assistance Advisement issued on or before March 15,

  6  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  7  Florida Administrative Code; provided that this subparagraph

  8  shall only apply to property occupied by the same person

  9  before and after the execution of the subject instrument and

10  only to those payments made pursuant to such instrument,

11  exclusive of renewals and extensions thereof occurring after

12  March 15, 1993.

13         12.  Rented, leased, subleased, or licensed to a

14  concessionaire by a convention hall, exhibition hall,

15  auditorium, stadium, theater, arena, civic center, performing

16  arts center, or publicly owned recreational facility, during

17  an event at the facility, to be used by the concessionaire to

18  sell souvenirs, novelties, or other event-related products.

19  This subparagraph applies only to that portion of the rental,

20  lease, or license payment which is based on a percentage of

21  sales and not based on a fixed price.

22         13.  Property used or occupied predominantly for space

23  flight business purposes. As used in this subparagraph, "space

24  flight business" means the manufacturing, processing, or

25  assembly of a space facility, space propulsion system, space

26  vehicle, satellite, or station of any kind possessing the

27  capacity for space flight, as defined by s. 212.02(23), or

28  components thereof, and also means the following activities

29  supporting space flight: vehicle launch activities, flight

30  operations, ground control or ground support, and all

31  administrative activities directly related thereto. Property

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  1  shall be deemed to be used or occupied predominantly for space

  2  flight business purposes if more than 50 percent of the

  3  property, or improvements thereon, is used for one or more

  4  space flight business purposes. Possession by a landlord,

  5  lessor, or licensor of a signed written statement from the

  6  tenant, lessee, or licensee claiming the exemption shall

  7  relieve the landlord, lessor, or licensor from the

  8  responsibility of collecting the tax, and the department shall

  9  look solely to the tenant, lessee, or licensee for recovery of

10  such tax if it determines that the exemption was not

11  applicable.

12         Section 27.  Effective July 1, 2003, paragraph (a) of

13  subsection (1) of section 212.031, Florida Statutes, as

14  amended by chapter 2000-345, Laws of Florida, is amended to

15  read:

16         212.031  Lease or rental of or license in real

17  property.--

18         (1)(a)  It is declared to be the legislative intent

19  that every person is exercising a taxable privilege who

20  engages in the business of renting, leasing, letting, or

21  granting a license for the use of any real property unless

22  such property is:

23         1.  Assessed as agricultural property under s. 193.461.

24         2.  Used exclusively as dwelling units.

25         3.  Property subject to tax on parking, docking, or

26  storage spaces under s. 212.03(6).

27         4.  Recreational property or the common elements of a

28  condominium when subject to a lease between the developer or

29  owner thereof and the condominium association in its own right

30  or as agent for the owners of individual condominium units or

31  the owners of individual condominium units. However, only the

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  1  lease payments on such property shall be exempt from the tax

  2  imposed by this chapter, and any other use made by the owner

  3  or the condominium association shall be fully taxable under

  4  this chapter.

  5         5.  A public or private street or right-of-way and

  6  poles, conduits, fixtures, and similar improvements located on

  7  such streets or rights-of-way, occupied or used by a utility

  8  or provider of communications services, as defined by s.

  9  202.11, franchised cable television company for utility or

10  communications or television purposes. For purposes of this

11  subparagraph, the term "utility" means any person providing

12  utility services as defined in s. 203.012. This exception also

13  applies to property, wherever located, on which the following

14  are placed: towers, antennas, cables, accessory structures, or

15  equipment, not including switching equipment, used in the

16  provision of mobile communications services as defined in s.

17  202.11. For purposes of this chapter, towers used in the

18  provision of mobile communications services, as defined in s.

19  202.11, are considered to be fixtures.

20         6.  A public street or road which is used for

21  transportation purposes.

22         7.  Property used at an airport exclusively for the

23  purpose of aircraft landing or aircraft taxiing or property

24  used by an airline for the purpose of loading or unloading

25  passengers or property onto or from aircraft or for fueling

26  aircraft.

27         8.a.  Property used at a port authority, as defined in

28  s. 315.02(2), exclusively for the purpose of oceangoing

29  vessels or tugs docking, or such vessels mooring on property

30  used by a port authority for the purpose of loading or

31  unloading passengers or cargo onto or from such a vessel, or

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  1  property used at a port authority for fueling such vessels, or

  2  to the extent that the amount paid for the use of any property

  3  at the port is based on the charge for the amount of tonnage

  4  actually imported or exported through the port by a tenant.

  5         b.  The amount charged for the use of any property at

  6  the port in excess of the amount charged for tonnage actually

  7  imported or exported shall remain subject to tax except as

  8  provided in sub-subparagraph a.

  9         9.  Property used as an integral part of the

10  performance of qualified production services.  As used in this

11  subparagraph, the term "qualified production services" means

12  any activity or service performed directly in connection with

13  the production of a qualified motion picture, as defined in s.

14  212.06(1)(b), and includes:

15         a.  Photography, sound and recording, casting, location

16  managing and scouting, shooting, creation of special and

17  optical effects, animation, adaptation (language, media,

18  electronic, or otherwise), technological modifications,

19  computer graphics, set and stage support (such as

20  electricians, lighting designers and operators, greensmen,

21  prop managers and assistants, and grips), wardrobe (design,

22  preparation, and management), hair and makeup (design,

23  production, and application), performing (such as acting,

24  dancing, and playing), designing and executing stunts,

25  coaching, consulting, writing, scoring, composing,

26  choreographing, script supervising, directing, producing,

27  transmitting dailies, dubbing, mixing, editing, cutting,

28  looping, printing, processing, duplicating, storing, and

29  distributing;

30         b.  The design, planning, engineering, construction,

31  alteration, repair, and maintenance of real or personal

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  1  property including stages, sets, props, models, paintings, and

  2  facilities principally required for the performance of those

  3  services listed in sub-subparagraph a.; and

  4         c.  Property management services directly related to

  5  property used in connection with the services described in

  6  sub-subparagraphs a. and b.

  7

  8  This exemption will inure to the taxpayer upon presentation of

  9  the certificate of exemption issued to the taxpayer under the

10  provisions of s. 288.1258.

11         10.  Leased, subleased, licensed, or rented to a person

12  providing food and drink concessionaire services within the

13  premises of a convention hall, exhibition hall, auditorium,

14  stadium, theater, arena, civic center, performing arts center,

15  publicly owned recreational facility, or any business operated

16  under a permit issued pursuant to chapter 550.  A person

17  providing retail concessionaire services involving the sale of

18  food and drink or other tangible personal property within the

19  premises of an airport shall be subject to tax on the rental

20  of real property used for that purpose, but shall not be

21  subject to the tax on any license to use the property.  For

22  purposes of this subparagraph, the term "sale" shall not

23  include the leasing of tangible personal property.

24         11.  Property occupied pursuant to an instrument

25  calling for payments which the department has declared, in a

26  Technical Assistance Advisement issued on or before March 15,

27  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

28  Florida Administrative Code; provided that this subparagraph

29  shall only apply to property occupied by the same person

30  before and after the execution of the subject instrument and

31  only to those payments made pursuant to such instrument,

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  1  exclusive of renewals and extensions thereof occurring after

  2  March 15, 1993.

  3         12.  Property used or occupied predominantly for space

  4  flight business purposes. As used in this subparagraph, "space

  5  flight business" means the manufacturing, processing, or

  6  assembly of a space facility, space propulsion system, space

  7  vehicle, satellite, or station of any kind possessing the

  8  capacity for space flight, as defined by s. 212.02(23), or

  9  components thereof, and also means the following activities

10  supporting space flight: vehicle launch activities, flight

11  operations, ground control or ground support, and all

12  administrative activities directly related thereto. Property

13  shall be deemed to be used or occupied predominantly for space

14  flight business purposes if more than 50 percent of the

15  property, or improvements thereon, is used for one or more

16  space flight business purposes. Possession by a landlord,

17  lessor, or licensor of a signed written statement from the

18  tenant, lessee, or licensee claiming the exemption shall

19  relieve the landlord, lessor, or licensor from the

20  responsibility of collecting the tax, and the department shall

21  look solely to the tenant, lessee, or licensee for recovery of

22  such tax if it determines that the exemption was not

23  applicable.

24         Section 28.  Subsection (6) of section 212.20, Florida

25  Statutes, is amended to read:

26         212.20  Funds collected, disposition; additional powers

27  of department; operational expense; refund of taxes

28  adjudicated unconstitutionally collected.--

29         (6)  Distribution of all proceeds under this chapter

30  and s. 202.18(1)(b) and (2)(b) shall be as follows:

31

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  1         (a)  Proceeds from the convention development taxes

  2  authorized under s. 212.0305 shall be reallocated to the

  3  Convention Development Tax Clearing Trust Fund.

  4         (b)  Proceeds from discretionary sales surtaxes imposed

  5  pursuant to ss. 212.054 and 212.055 shall be reallocated to

  6  the Discretionary Sales Surtax Clearing Trust Fund.

  7         (c)  Proceeds from the tax imposed pursuant to s.

  8  212.06(5)(a)2. shall be reallocated to the Mail Order Sales

  9  Tax Clearing Trust Fund.

10         (c)(d)  Proceeds from the fees imposed under ss.

11  212.05(1)(i)3. and 212.18(3) shall remain with the General

12  Revenue Fund.

13         (d)(e)  The proceeds of all other taxes and fees

14  imposed pursuant to this chapter or remitted pursuant to s.

15  202.18(1)(b) and (2)(b) shall be distributed as follows:

16         1.  In any fiscal year, the greater of $500 million,

17  minus an amount equal to 4.6 percent of the proceeds of the

18  taxes collected pursuant to chapter 201, or 5 percent of all

19  other taxes and fees imposed pursuant to this chapter or

20  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

21  deposited in monthly installments into the General Revenue

22  Fund.

23         2.  Two-tenths of one percent shall be transferred to

24  the Solid Waste Management Trust Fund.

25         3.  After the distribution under subparagraphs 1. and

26  2., 9.653 percent of the amount remitted by a sales tax dealer

27  located within a participating county pursuant to s. 218.61

28  shall be transferred into the Local Government Half-cent Sales

29  Tax Clearing Trust Fund.

30         4.  After the distribution under subparagraphs 1., 2.,

31  and 3., 0.065 percent shall be transferred to the Local

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  1  Government Half-cent Sales Tax Clearing Trust Fund and

  2  distributed pursuant to s. 218.65.

  3         5.  For proceeds received after July 1, 2000, and after

  4  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

  5  percent of the available proceeds pursuant to this paragraph

  6  shall be transferred monthly to the Revenue Sharing Trust Fund

  7  for Counties pursuant to s. 218.215.

  8         6.  For proceeds received after July 1, 2000, and after

  9  the distributions under subparagraphs 1., 2., 3., and 4.,

10  1.0715 percent of the available proceeds pursuant to this

11  paragraph shall be transferred monthly to the Revenue Sharing

12  Trust Fund for Municipalities pursuant to s. 218.215. If the

13  total revenue to be distributed pursuant to this subparagraph

14  is at least as great as the amount due from the Revenue

15  Sharing Trust Fund for Municipalities and the Municipal

16  Financial Assistance Trust Fund in state fiscal year

17  1999-2000, no municipality shall receive less than the amount

18  due from the Revenue Sharing Trust Fund for Municipalities and

19  the Municipal Financial Assistance Trust Fund in state fiscal

20  year 1999-2000. If the total proceeds to be distributed are

21  less than the amount received in combination from the Revenue

22  Sharing Trust Fund for Municipalities and the Municipal

23  Financial Assistance Trust Fund in state fiscal year

24  1999-2000, each municipality shall receive an amount

25  proportionate to the amount it was due in state fiscal year

26  1999-2000.

27         7.  Of the remaining proceeds:

28         a.  Beginning July 1, 2000, and in each fiscal year

29  thereafter, the sum of $29,915,500 shall be divided into as

30  many equal parts as there are counties in the state, and one

31  part shall be distributed to each county.  The distribution

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  1  among the several counties shall begin each fiscal year on or

  2  before January 5th and shall continue monthly for a total of 4

  3  months.  If a local or special law required that any moneys

  4  accruing to a county in fiscal year 1999-2000 under the

  5  then-existing provisions of s. 550.135 be paid directly to the

  6  district school board, special district, or a municipal

  7  government, such payment shall continue until such time that

  8  the local or special law is amended or repealed.  The state

  9  covenants with holders of bonds or other instruments of

10  indebtedness issued by local governments, special districts,

11  or district school boards prior to July 1, 2000, that it is

12  not the intent of this subparagraph to adversely affect the

13  rights of those holders or relieve local governments, special

14  districts, or district school boards of the duty to meet their

15  obligations as a result of previous pledges or assignments or

16  trusts entered into which obligated funds received from the

17  distribution to county governments under then-existing s.

18  550.135.  This distribution specifically is in lieu of funds

19  distributed under s. 550.135 prior to July 1, 2000.

20         b.  The department shall distribute $166,667 monthly

21  pursuant to s. 288.1162 to each applicant that has been

22  certified as a "facility for a new professional sports

23  franchise" or a "facility for a retained professional sports

24  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

25  distributed monthly by the department to each applicant that

26  has been certified as a "facility for a retained spring

27  training franchise" pursuant to s. 288.1162; however, not more

28  than $208,335 may be distributed monthly in the aggregate to

29  all certified facilities for a retained spring training

30  franchise. Distributions shall begin 60 days following such

31  certification and shall continue for not more than 30 years.

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  1  Nothing contained in this paragraph shall be construed to

  2  allow an applicant certified pursuant to s. 288.1162 to

  3  receive more in distributions than actually expended by the

  4  applicant for the public purposes provided for in s.

  5  288.1162(6). However, a certified applicant is entitled to

  6  receive distributions up to the maximum amount allowable and

  7  undistributed under this section for additional renovations

  8  and improvements to the facility for the franchise without

  9  additional certification.

10         c.  Beginning 30 days after notice by the Office of

11  Tourism, Trade, and Economic Development to the Department of

12  Revenue that an applicant has been certified as the

13  professional golf hall of fame pursuant to s. 288.1168 and is

14  open to the public, $166,667 shall be distributed monthly, for

15  up to 300 months, to the applicant.

16         d.  Beginning 30 days after notice by the Office of

17  Tourism, Trade, and Economic Development to the Department of

18  Revenue that the applicant has been certified as the

19  International Game Fish Association World Center facility

20  pursuant to s. 288.1169, and the facility is open to the

21  public, $83,333 shall be distributed monthly, for up to 168

22  months, to the applicant. This distribution is subject to

23  reduction pursuant to s. 288.1169.  A lump sum payment of

24  $999,996 shall be made, after certification and before July 1,

25  2000.

26         8.  All other proceeds shall remain with the General

27  Revenue Fund.

28         Section 29.  Paragraph (b) of subsection (3) of section

29  11.45, Florida Statutes, is amended to read:

30         11.45  Definitions; duties; audits; reports.--

31         (3)

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  1         (b)  The Legislative Auditing Committee shall direct

  2  the Auditor General to make a financial audit of any

  3  municipality whenever petitioned to do so by at least 20

  4  percent of the electors of that municipality.  The supervisor

  5  of elections of the county in which the municipality is

  6  located shall certify whether or not the petition contains the

  7  signatures of at least 20 percent of the electors of the

  8  municipality. After the completion of the audit, the Auditor

  9  General shall determine whether the municipality has the

10  fiscal resources necessary to pay the cost of the audit. The

11  municipality shall pay the cost of the audit within 90 days

12  after the Auditor General's determination that the

13  municipality has the available resources. If the municipality

14  fails to pay the cost of the audit, the Department of Revenue

15  shall, upon certification of the Auditor General, withhold

16  from that portion of the distribution pursuant to s.

17  212.20(6)(d)6.(f)5. which is distributable to such

18  municipality a sum sufficient to pay the cost of the audit and

19  shall deposit that sum into the General Revenue Fund of the

20  state.

21         Section 30.  Subsections (5) and (6) of section 218.65,

22  Florida Statutes, are amended to read:

23         218.65  Emergency distribution.--

24         (5)  At the beginning of each fiscal year, the

25  Department of Revenue shall calculate a base allocation for

26  each eligible county equal to the difference between the

27  current per capita limitation times the county's population,

28  minus prior year ordinary distributions to the county pursuant

29  to ss. 212.20(6)(d)(e)3., 218.61, and 218.62. If moneys

30  deposited into the Local Government Half-cent Sales Tax

31  Clearing Trust Fund pursuant to s. 212.20(6)(d)(e)4.,

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  1  excluding moneys appropriated for supplemental distributions

  2  pursuant to subsection (7), for the current year are less than

  3  or equal to the sum of the base allocations, each eligible

  4  county shall receive a share of the appropriated amount

  5  proportional to its base allocation.  If the deposited amount

  6  exceeds the sum of the base allocations, each county shall

  7  receive its base allocation, and the excess appropriated

  8  amount shall be distributed equally on a per capita basis

  9  among the eligible counties.

10         (6)  There is hereby annually appropriated from the

11  Local Government Half-cent Sales Tax Clearing Trust Fund the

12  distribution provided in s. 212.20(6)(d)(e)4. to be used for

13  emergency and supplemental distributions pursuant to this

14  section.

15         Section 31.  Subsection (6) of section 288.1169,

16  Florida Statutes, is amended to read:

17         288.1169  International Game Fish Association World

18  Center facility; department duties.--

19         (6)  The Department of Commerce must recertify every 10

20  years that the facility is open, that the International Game

21  Fish Association World Center continues to be the only

22  international administrative headquarters, fishing museum, and

23  Hall of Fame in the United States recognized by the

24  International Game Fish Association, and that the project is

25  meeting the minimum projections for attendance or sales tax

26  revenues as required at the time of original certification.

27  If the facility is not recertified during this 10-year review

28  as meeting the minimum projections, then funding will be

29  abated until certification criteria are met.  If the project

30  fails to generate $1 million of annual revenues pursuant to

31  paragraph (2)(e), the distribution of revenues pursuant to s.

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  1  212.20(6)(d)7.d.(e)6.c. shall be reduced to an amount equal to

  2  $83,333 multiplied by a fraction, the numerator of which is

  3  the actual revenues generated and the denominator of which is

  4  $1 million.  Such reduction shall remain in effect until

  5  revenues generated by the project in a 12-month period equal

  6  or exceed $1 million.

  7         Section 32.  Section 212.202, Florida Statutes, is

  8  amended to read:

  9         212.202  Renaming, creation, and continuation of

10  certain funds.--The Local Government Infrastructure Tax Trust

11  Fund is hereby retitled the Discretionary Sales Surtax

12  Clearing Trust Fund. The Mail Order Sales Tax Clearing Trust

13  Fund is retitled the Communications Services Tax Clearing

14  Trust Fund hereby created in the State Treasury.

15  Notwithstanding the repeal of s. 212.237 by s. 45, chapter

16  89-356, the Solid Waste Management Trust Fund shall continue

17  to exist.

18         Section 33.  Effective upon this act becoming a law,

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

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

21  of Florida, is amended to read:

22         337.401  Use of right-of-way for utilities subject to

23  regulation; permit; fees.--

24         (3)

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

26  providers of communications services that use or occupy

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

28  provision of communications services in a nondiscriminatory

29  and competitively neutral manner with respect to the payment

30  of permit fees. Certain providers of communications services

31  have been granted by general law the authority to offset

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  1  permit fees against franchise or other fees while other

  2  providers of communications services have not been granted

  3  this authority. In order to treat all providers of

  4  communications services in a nondiscriminatory and

  5  competitively neutral manner with respect to the payment of

  6  permit fees, each municipality and charter county shall make

  7  an election under either sub-subparagraph a. or

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

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

10  election shall take effect October 1, 2001.

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

12  and collect permit fees from any providers of communications

13  services that use or occupy municipal or county roads or

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

15  must be reasonable and commensurate with the direct and actual

16  cost of the regulatory activity, including issuing and

17  processing permits, plan reviews, physical inspection, and

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

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

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

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

22  of roads or rights-of-way acquisition or roads or

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

24  management, or maintenance costs of the roads or

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

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

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

28  not permitted under this sub-subparagraph, the prevailing

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

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

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

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

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

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

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

  5  not require the physical disturbance of the roads or

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

  7  roads or rights-of-way.

  8         (II)  To ensure competitive neutrality among providers

  9  of communications services, for any municipality or charter

10  county that elects to exercise its authority to require and

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

12  the local communications services tax imposed by such

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

14  automatically be reduced by a rate of 0.12 percent.

15         b.  Alternatively, the municipality or charter county

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

17  provider of communications services that uses or occupies

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

19  provision of communications services; however, each

20  municipality or charter county that elects to operate under

21  this sub-subparagraph retains all authority to establish rules

22  and regulations for providers of communications services to

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

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

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

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

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

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

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

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

31  or charter county shall inform the department of such

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  1  increased rate by certified mail postmarked on or before July

  2  16, 2001.

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

  4  an election as provided for in this subparagraph shall be

  5  presumed to have elected to operate under the provisions of

  6  sub-subparagraph b.

  7         2.  Each noncharter county shall make an election under

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

  9  inform the Department of Revenue of the election by certified

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

11  October 1, 2001.

12         a.  The noncharter county may elect to require and

13  collect permit fees from any providers of communications

14  services that use or occupy noncharter county roads or

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

16  must be reasonable and commensurate with the direct and actual

17  cost of the regulatory activity, including issuing and

18  processing permits, plan reviews, physical inspection, and

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

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

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

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

23  of roads or rights-of-way acquisition or roads or

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

25  management, or maintenance costs of the roads or

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

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

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

29  not permitted under this sub-subparagraph, the prevailing

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

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

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

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

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

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

  5  556.108(5)(b) or for any activity that does not require the

  6  physical disturbance of the roads or rights-of-way or does not

  7  impair access to or full use of the roads or rights-of-way.

  8         b.  Alternatively, the noncharter county may elect not

  9  to require and collect permit fees from any provider of

10  communications services that uses or occupies noncharter

11  county roads or rights-of-way for the provision of

12  communications services; however, each noncharter county that

13  elects to operate under this sub-subparagraph shall retain all

14  authority to establish rules and regulations for providers of

15  communications services to use or occupy roads or

16  rights-of-way as provided in this section. If a noncharter

17  county elects to operate under this sub-subparagraph, the

18  total rate for the local communications services tax as

19  computed under s. 202.20(1) and (2) for that noncharter county

20  may be increased by ordinance or resolution by an amount not

21  to exceed a rate of 0.24 percent, to replace the revenue the

22  noncharter county would otherwise have received from permit

23  fees for providers of communications services. If a noncharter

24  county elects to increase its rate effective October 1, 2001,

25  the noncharter county shall inform the department of such

26  increased rate by certified mail postmarked on or before July

27  16, 2001.

28         c.  A noncharter county that does not make an election

29  as provided for in this subparagraph shall be presumed to have

30  elected to operate under the provisions of sub-subparagraph b.

31

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  1         3.  Except as provided in this paragraph,

  2  municipalities and counties retain all existing authority to

  3  require and collect permit fees from users or occupants of

  4  municipal or county roads or rights-of-way and to set

  5  appropriate permit fee amounts.

  6         Section 34.  Paragraphs (f) and (g) of subsection (3)

  7  of section 337.401, Florida Statutes, as amended by section 51

  8  of chapter 2000-260, Laws of Florida, are repealed, paragraphs

  9  (a), (b), (c), (e), and (h) of said subsection are amended,

10  new paragraphs (j) and (k) are added to said subsection, and

11  subsections (4) and (5) of said section are amended, to read:

12         337.401  Use of right-of-way for utilities subject to

13  regulation; permit; fees.--

14         (3)(a)1.  Because of the unique circumstances

15  applicable to providers of communications services, including,

16  but not limited to, the circumstances described in paragraph

17  (e) and the fact that federal and state law require the

18  nondiscriminatory treatment of providers of telecommunications

19  services, and because of the desire to promote competition

20  among providers of communications services, it is the intent

21  of the Legislature that municipalities and counties treat

22  providers of communications services in a nondiscriminatory

23  and competitively neutral manner when imposing rules or

24  regulations governing the placement or maintenance of

25  communications facilities in the public roads or

26  rights-of-way. Rules or regulations imposed by a municipality

27  or county relating to providers of communications services

28  placing or maintaining communications facilities in its roads

29  or rights-of-way must be generally applicable to all providers

30  of communications services and, notwithstanding any other law,

31  may not require a provider of communications services, except

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  1  as otherwise provided in subparagraph 2. paragraph (f), to

  2  apply for or enter into an individual license, franchise, or

  3  other agreement with the municipality or county as a condition

  4  of placing or maintaining communications facilities in its

  5  roads or rights-of-way. In addition to other reasonable rules

  6  or regulations that a municipality or county may adopt

  7  relating to the placement or maintenance of communications

  8  facilities in its roads or rights-of-way under this

  9  subsection, a municipality or county may require a provider of

10  communications services that places or seeks to place

11  facilities in its roads or rights-of-way to register with the

12  municipality or county and to provide the name of the

13  registrant; the name, address, and telephone number of a

14  contact person for the registrant; the number of the

15  registrant's current certificate of authorization issued by

16  the Florida Public Service Commission or the Federal

17  Communications Commission; and proof of insurance or

18  self-insuring status adequate to defend and cover claims.

19  Nothing in this subparagraph is intended to limit or expand

20  any existing zoning or land use authority of a municipality or

21  county; however, no such zoning or land use authority may

22  require an individual license, franchise, or other agreement

23  as prohibited by this subparagraph.

24         2.  Notwithstanding the provisions of subparagraph 1.,

25  a municipality or county may, as provided by 47 U.S.C. s. 541,

26  award one or more franchises within its jurisdiction for the

27  provision of cable service, and a provider of cable service

28  shall not provide cable service without such franchise. Each

29  municipality and county retains authority to negotiate all

30  terms and conditions of a cable service franchise allowed by

31  federal law and s. 166.046, 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 and permit fees as provided in

  4  paragraph (c) on providers of cable services. A municipality

  5  or county may exercise its right to require from providers of

  6  cable service in-kind requirements, including, but not limited

  7  to, institutional networks, and contributions for, or in

  8  support of, the use or construction of public, educational, or

  9  governmental access facilities to the extent permitted by

10  federal law. A provider of cable service may exercise its

11  right to recover any such expenses associated with such

12  in-kind requirements, to the extent permitted by federal law.

13         (b)  Registration described in subparagraph (a)1. does

14  not establish a right to place or maintain, or priority for

15  the placement or maintenance of, a communications facility in

16  roads or rights-of-way of a municipality or county. Each

17  municipality and county retains the authority to regulate and

18  manage municipal and county roads or rights-of-way in

19  exercising its police power. Any rules or regulations adopted

20  by a municipality or county which govern the occupation of its

21  roads or rights-of-way by providers of communications services

22  must be related to the placement or maintenance of facilities

23  in such roads or rights-of-way, must be reasonable and

24  nondiscriminatory, and may include only those matters

25  necessary to manage the roads or rights-of-way of the

26  municipality or county.

27         (c)1.  It is the intention of the state to treat all

28  providers of communications services that use or occupy

29  municipal or charter county roads or rights-of-way for the

30  provision of communications services in a nondiscriminatory

31  and competitively neutral manner with respect to the payment

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  1  of permit fees. Certain providers of communications services

  2  have been granted by general law the authority to offset

  3  permit fees against franchise or other fees while other

  4  providers of communications services have not been granted

  5  this authority. In order to treat all providers of

  6  communications services in a nondiscriminatory and

  7  competitively neutral manner with respect to the payment of

  8  permit fees, each municipality and charter county shall make

  9  an election under either sub-subparagraph a. or

10  sub-subparagraph b. and must inform the Department of Revenue

11  of the election by certified mail by July 16 1, 2001. Such

12  election shall take effect October 1, 2001.

13         a.(I)  The municipality or charter county may require

14  and collect permit fees from any providers of communications

15  services that use or occupy municipal or county roads or

16  rights-of-way. All fees permitted under this sub-subparagraph

17  must be reasonable and commensurate with the direct and actual

18  cost of the regulatory activity, including issuing and

19  processing permits, plan reviews, physical inspection, and

20  direct administrative costs; must be demonstrable; and must be

21  equitable among users of the roads or rights-of-way. A fee

22  permitted under this sub-subparagraph may not: be offset

23  against the tax imposed under chapter 202; include the costs

24  of roads or rights-of-way acquisition or roads or

25  rights-of-way rental; include any general administrative,

26  management, or maintenance costs of the roads or

27  rights-of-way; or be based on a percentage of the value or

28  costs associated with the work to be performed on the roads or

29  rights-of-way. In an action to recover amounts due for a fee

30  not permitted under this sub-subparagraph, the prevailing

31  party may recover court costs and attorney's fees at trial and

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  1  on appeal. In addition to the limitations set forth in this

  2  section, a fee levied by a municipality or charter county

  3  under this sub-subparagraph may not exceed $100. However,

  4  permit fees may not be imposed with respect to permits that

  5  may be required for service drop lines not required to be

  6  noticed under s. 556.108(5)(b) or for any activity that does

  7  not require the physical disturbance of the roads or

  8  rights-of-way or does not impair access to or full use of the

  9  roads or rights-of-way.

10         (II)  To ensure competitive neutrality among providers

11  of communications services, for any municipality or charter

12  county that elects to exercise its authority to require and

13  collect permit fees under this sub-subparagraph, the rate of

14  the local communications services tax imposed by such

15  jurisdiction, as computed under s. 202.20(1) and (2), shall

16  automatically be reduced by a rate of 0.12 percent.

17         b.  Alternatively, the municipality or charter county

18  may elect not to require and collect permit fees from any

19  provider of communications services that uses or occupies

20  municipal or charter county roads or rights-of-way for the

21  provision of communications services; however, each

22  municipality or charter county that elects to operate under

23  this sub-subparagraph retains all authority to establish rules

24  and regulations for providers of communications services to

25  use or occupy roads or rights-of-way as provided in this

26  section. If a municipality or charter county elects to operate

27  under this sub-subparagraph, the total rate for the local

28  communications services tax as computed under s. 202.20(1) and

29  (2) for that municipality or charter county may be increased

30  by ordinance or resolution by an amount not to exceed a rate

31  of 0.12 percent. If a municipality or charter county elects to

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  1  increase its rate effective October 1, 2001, the municipality

  2  or charter county shall inform the department of such

  3  increased rate by certified mail postmarked on or before July

  4  16, 2001.

  5         c.  A municipality or charter county that does not make

  6  an election as provided for in this subparagraph shall be

  7  presumed to have elected to operate under the provisions of

  8  sub-subparagraph b.

  9         2.  Each noncharter county shall make an election under

10  either sub-subparagraph a. or sub-subparagraph b. and shall

11  inform the Department of Revenue of the election by certified

12  mail by July 16 1, 2001. Such election shall take effect

13  October 1, 2001.

14         a.  The noncharter county may elect to require and

15  collect permit fees from any providers of communications

16  services that use or occupy noncharter county roads or

17  rights-of-way. All fees permitted under this sub-subparagraph

18  must be reasonable and commensurate with the direct and actual

19  cost of the regulatory activity, including issuing and

20  processing permits, plan reviews, physical inspection, and

21  direct administrative costs; must be demonstrable; and must be

22  equitable among users of the roads or rights-of-way. A fee

23  permitted under this sub-subparagraph may not: be offset

24  against the tax imposed under chapter 202; include the costs

25  of roads or rights-of-way acquisition or roads or

26  rights-of-way rental; include any general administrative,

27  management, or maintenance costs of the roads or

28  rights-of-way; or be based on a percentage of the value or

29  costs associated with the work to be performed on the roads or

30  rights-of-way. In an action to recover amounts due for a fee

31  not permitted under this sub-subparagraph, the prevailing

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  1  party may recover court costs and attorney's fees at trial and

  2  on appeal. In addition to the limitations set forth in this

  3  section, a fee levied by a noncharter county under this

  4  sub-subparagraph may not exceed $100. However, permit fees may

  5  not be imposed with respect to permits that may be required

  6  for service drop lines not required to be noticed under s.

  7  556.108(5)(b) or for any activity that does not require the

  8  physical disturbance of the roads or rights-of-way or does not

  9  impair access to or full use of the roads or rights-of-way.

10         b.  Alternatively, the noncharter county may elect not

11  to require and collect permit fees from any provider of

12  communications services that uses or occupies noncharter

13  county roads or rights-of-way for the provision of

14  communications services; however, each noncharter county that

15  elects to operate under this sub-subparagraph shall retain all

16  authority to establish rules and regulations for providers of

17  communications services to use or occupy roads or

18  rights-of-way as provided in this section. If a noncharter

19  county elects to operate under this sub-subparagraph, the

20  total rate for the local communications services tax as

21  computed under s. 202.20(1) and (2) for that noncharter county

22  may be increased by ordinance or resolution by an amount not

23  to exceed a rate of 0.24 percent, to replace the revenue the

24  noncharter county would otherwise have received from permit

25  fees for providers of communications services. If a noncharter

26  county elects to increase its rate effective October 1, 2001,

27  the noncharter county shall inform the department of such

28  increased rate by certified mail postmarked on or before July

29  16, 2001.

30

31

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  1         c.  A noncharter county that does not make an election

  2  as provided for in this subparagraph shall be presumed to have

  3  elected to operate under the provisions of sub-subparagraph b.

  4         3.  Except as provided in this paragraph,

  5  municipalities and counties retain all existing authority to

  6  require and collect permit fees from users or occupants of

  7  municipal or county roads or rights-of-way and to set

  8  appropriate permit fee amounts.

  9         (e)  The authority of municipalities and counties to

10  require franchise fees from providers of communications

11  services, with respect to the provision of communications

12  services, is specifically preempted by the state, except as

13  otherwise provided in subparagraph (a)2. paragraph (f),

14  because of unique circumstances applicable to providers of

15  communications services when compared to other utilities

16  occupying municipal or county roads or rights-of-way.

17  Providers of communications services may provide similar

18  services in a manner that requires the placement of facilities

19  in municipal or county roads or rights-of-way or in a manner

20  that does not require the placement of facilities in such

21  roads or rights-of-way. Although similar communications

22  services may be provided by different means, the state desires

23  to treat providers of communications services in a

24  nondiscriminatory manner and to have the taxes, franchise

25  fees, and other fees paid by providers of communications

26  services be competitively neutral. Municipalities and counties

27  retain all existing authority, if any, to collect franchise

28  fees from users or occupants of municipal or county roads or

29  rights-of-way other than providers of communications services,

30  and the provisions of this subsection shall have no effect

31  upon this authority. The provisions of this subsection do not

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  1  restrict the authority, if any, of municipalities or counties

  2  or other governmental entities to receive reasonable rental

  3  fees based on fair market value for the use of public lands

  4  and buildings on property outside the public roads or

  5  rights-of-way for the placement of communications antennas and

  6  towers.

  7         (f)(h)  Except as expressly allowed or authorized by

  8  general law and except for the rights-of-way permit fees

  9  subject to paragraph (c), a municipality or county may not

10  levy on a provider of communications services a tax, fee, or

11  other charge or imposition for operating as a provider of

12  communications services within the jurisdiction of the

13  municipality or county which is in any way related to using

14  its roads or rights-of-way. A municipality or county may not

15  require or solicit in-kind compensation, except as otherwise

16  provided in subparagraph (a)2. paragraph (f). Nothing in this

17  paragraph shall impair any ordinance or agreement in effect on

18  May 22, 1998, or any voluntary agreement entered into

19  subsequent to that date, which provides for or allows in-kind

20  compensation by a telecommunications company.

21         (j)  Pursuant to this paragraph, any county or

22  municipality may by ordinance change either its election made

23  on or before July 16, 2001, under paragraph (c) or an election

24  made under this paragraph.

25         1.a.  If a municipality or charter county changes its

26  election under this paragraph in order to exercise its

27  authority to require and collect permit fees in accordance

28  with this subsection, the rate of the local communications

29  services tax imposed by such jurisdiction pursuant to ss.

30  202.19 and 202.20 shall automatically be reduced by the sum of

31

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  1  0.12 percent plus the percentage, if any, by which such rate

  2  was increased pursuant to sub-subparagraph (c)1.b.

  3         b.  If a municipality or charter county changes its

  4  election under this paragraph in order to discontinue

  5  requiring and collecting permit fees, the rate of the local

  6  communications services tax imposed by such jurisdiction

  7  pursuant to ss. 202.19 and 202.20 may be increased by

  8  ordinance or resolution by an amount not to exceed 0.24

  9  percent.

10         2.a.  If a noncharter county changes its election under

11  this paragraph in order to exercise its authority to require

12  and collect permit fees in accordance with this subsection,

13  the rate of the local communications services tax imposed by

14  such jurisdiction pursuant to ss. 202.19 and 202.20 shall

15  automatically be reduced by the percentage, if any, by which

16  such rate was increased pursuant to sub-subparagraph (c)2.b.

17         b.  If a noncharter county changes its election under

18  this paragraph in order to discontinue requiring and

19  collecting permit fees, the rate of the local communications

20  services tax imposed by such jurisdiction pursuant to ss.

21  202.19 and 202.20 may be increased by ordinance or resolution

22  by an amount not to exceed 0.24 percent.

23         3.a.  Any change of election pursuant to this paragraph

24  and any tax rate change resulting from such change of election

25  shall be subject to the notice requirements of s. 202.21;

26  however, no such change of election shall become effective

27  prior to January 1, 2003.

28         b.  Any county or municipality changing its election

29  under this paragraph in order to exercise its authority to

30  require and collect permit fees shall, in addition to

31  complying with the notice requirements under s. 202.21,

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  1  provide to all dealers providing communications services in

  2  such jurisdiction written notice of such change of election by

  3  July 1 immediately preceding the January 1 on which such

  4  change of election becomes effective. For purposes of this

  5  sub-subparagraph, dealers providing communications services in

  6  such jurisdiction shall include every dealer reporting tax to

  7  such jurisdiction pursuant to s. 202.37 on the return required

  8  under s. 202.27 to be filed on or before the 20th day of May

  9  immediately preceding the January 1 on which such change of

10  election becomes effective.

11         (k)  Notwithstanding the provisions of s. 202.19, when

12  a local communications services tax rate is changed as a

13  result of an election made or changed under this subsection,

14  such rate shall not be rounded to tenths.

15         (4)  As used in this section, "communications services"

16  has and "cable services" have the same meaning meanings

17  ascribed in chapter 202, and "cable service" has the same

18  meaning ascribed in 47 U.S.C. s. 522, as amended.

19         (5)  This section, except subsections (1) and (2) and

20  paragraph (3)(g)(i), does not apply to the provision of pay

21  telephone service on public, municipal, or county roads or

22  rights-of-way.

23         Section 35.  Notwithstanding any provision of law to

24  the contrary, the provisions of s. 166.234, Florida Statutes,

25  shall continue to apply with respect to all public service

26  taxes imposed on telecommunications services under s.

27  166.231(9), Florida Statutes, prior to its amendment by

28  chapter 2000-260, Laws of Florida.

29         Section 36.  (1)  Notwithstanding any law or ordinance

30  to the contrary, and regardless of the payment schedule

31  contained in any license, franchise, ordinance, or other

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  1  arrangement that provides for payment after December 31, 2001,

  2  all franchise fees required to be paid by cable or

  3  telecommunications service providers with respect to cable or

  4  telecommunications services provided prior to October 1, 2001,

  5  shall be paid on or before December 31, 2001.

  6         (2)  For services provided prior to October 1, 2001,

  7  all franchise fees required to be paid prior to October 1,

  8  2001, under any license, franchise, ordinance, or other

  9  arrangement shall be paid as provided in such license,

10  franchise, ordinance, or other arrangement. Cable and

11  telecommunications services providers shall be obligated to

12  remit franchise fees collected from subscribers for services

13  billed prior to October 1, 2001, regardless of their actual

14  collection date.

15         (3)  If any provision of this section or the

16  application thereof to any person or circumstance is held

17  invalid, the invalidity shall not affect other provisions or

18  applications of this act which can be given effect without the

19  invalid provision or application, and to this end the

20  provisions of this section are declared severable.

21         Section 37.  Effective upon this act becoming a law,

22  section 52, subsections (1) and (2) of section 58, and section

23  59 of chapter 2000-260, Laws of Florida, are repealed.

24         Section 38.  Except as otherwise provided herein, this

25  act shall take effect October 1, 2001.

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    Florida House of Representatives - 2001             CS/HB 1889

    696-198-01






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                         ADDITIONAL SPONSORS
  3

  4  Betancourt, Gelber, Diaz-Balart, Meadows, Lynn, Gannon,

  5  Weissman, Negron, Rubio, Diaz de la Portilla, Brutus,

  6  Prieguez, Rich, Seiler, Garcia, Lacasa, Stansel, Jennings,

  7  McGriff, Andrews, Wishner, Allen, Bean, Hogan, Gottlieb, Crow,

  8  Berfield, Justice, Kallinger, Trovillion, Joyner, Farkas,

  9  Detert, Flanagan, Ross, Littlefield, Machek, Mayfield,

10  Atwater, Harper, Slosberg, Bucher, Harrell and Mealor

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