Florida Senate - 2020                                    SB 1174
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01308-20                                            20201174__
    1                        A bill to be entitled                      
    2         An act relating to the communications services tax;
    3         amending s. 202.105, F.S.; revising legislative intent
    4         regarding local communications services tax rates;
    5         amending s. 202.11, F.S.; revising the definition of
    6         the term “video service”; amending s. 202.12, F.S.;
    7         revising downward the tax rate on the retail sale of
    8         communications services; amending s. 202.13, F.S.;
    9         conforming provisions to changes made by the act;
   10         amending s. 202.18, F.S.; deleting a provision that
   11         specifies where proceeds of a communications services
   12         tax must be deposited and disbursed; amending s.
   13         202.19, F.S.; revising the local communications
   14         services tax rates levied by counties and
   15         municipalities at certain dates; requiring reductions
   16         of certain tax rates at specified dates; requiring
   17         dealers to collect and remit local communications
   18         services taxes under certain conditions; specifying
   19         the fees, taxes, charges, and other impositions that
   20         the revised local communications services tax rates
   21         replace; providing an exception; conforming provisions
   22         to changes made by the act; creating s. 202.197, F.S.;
   23         authorizing the Legislature to appropriate moneys to
   24         offset specified direct reductions of the local
   25         communications services tax by certain counties and
   26         municipalities; providing a procedure for certain
   27         counties and municipalities that expect an
   28         insufficient revenue amount as a result of reduced
   29         local communications services tax rates to apply to
   30         the Department of Revenue for a legislative
   31         appropriation; requiring the department to submit a
   32         report to the Legislature regarding aggregate taxable
   33         sales amounts and expected shortfalls in revenues;
   34         amending s. 202.21, F.S.; deleting provisions
   35         authorizing local governments to adjust the rate of
   36         their local communications services taxes for
   37         specified reasons; authorizing the department to amend
   38         specified forms without first adopting a rule;
   39         amending ss. 202.24, 202.37, and 337.401, F.S.;
   40         conforming provisions to changes made by the act;
   41         repealing s. 202.20, F.S., relating to local
   42         communications services tax conversion rates;
   43         providing a directive to the Division of Law Revision;
   44         providing effective dates.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (2) of section 202.105, Florida
   49  Statutes, is amended to read:
   50         202.105 Legislative findings and intent.—
   51         (2) It is declared to be a specific legislative finding
   52  that to promote greater tax transparency and improve tax
   53  compliance, the local communications services tax rates, which
   54  vary substantially across more than 480 jurisdictions, should be
   55  replaced by a streamlined rate system with one tax rate for
   56  municipalities and charter counties and a second tax rate for
   57  noncharter counties this chapter will not reduce the authority
   58  that municipalities or counties had to raise revenue in the
   59  aggregate, as such authority existed on February 1, 1989.
   60         Section 2. Effective upon this act becoming a law,
   61  subsection (24) of section 202.11, Florida Statutes, is amended
   62  to read:
   63         202.11 Definitions.—As used in this chapter, the term:
   64         (24) “Video service” means the transmission of video,
   65  audio, or other programming service to a purchaser, and the
   66  purchaser interaction, if any, required for the selection or use
   67  of a programming service, regardless of whether the programming
   68  is transmitted over facilities owned or operated by the video
   69  service provider or over facilities owned or operated by another
   70  dealer of communications services. The term includes:
   71         (a) Point-to-point and point-to-multipoint distribution
   72  services through which programming is transmitted or broadcast
   73  by microwave or other equipment directly to the purchaser’s
   74  premises, but does not include direct-to-home satellite service.
   75         (b)The term includes Basic, extended, premium, pay-per
   76  view, digital video, two-way cable, and music services.
   77         (c)The rental of digital video content and subscriptions
   78  to digital video content delivered to a Florida service address
   79  by download, streaming, or some combination thereof, and where
   80  the access to such content expires at a specific time or on the
   81  occurrence of a condition subsequent.
   82  
   83  The term does not include the sale of digital video content
   84  stored online or downloaded to a customer’s device if the
   85  purchaser’s access to such content does not expire and may be
   86  viewed as long as the purchaser retains the digital video
   87  content.
   88         Section 3. Paragraph (a) of subsection (1) of section
   89  202.12, Florida Statutes, is amended to read:
   90         202.12 Sales of communications services.—The Legislature
   91  finds that every person who engages in the business of selling
   92  communications services at retail in this state is exercising a
   93  taxable privilege. It is the intent of the Legislature that the
   94  tax imposed by chapter 203 be administered as provided in this
   95  chapter.
   96         (1) For the exercise of such privilege, a tax is levied on
   97  each taxable transaction and is due and payable as follows:
   98         (a) Except as otherwise provided in this subsection, at the
   99  rate of 4.9 4.92 percent applied to the sales price of the
  100  communications service that:
  101         1. Originates and terminates in this state;, or
  102         2. Originates or terminates in this state and is charged to
  103  a service address in this state,
  104  
  105  when sold at retail, computed on each taxable sale for the
  106  purpose of remitting the tax due. The gross receipts tax imposed
  107  by chapter 203 shall be collected on the same taxable
  108  transactions and remitted with the tax imposed by this
  109  paragraph. If no tax is imposed by this paragraph due to the
  110  exemption provided under s. 202.125(1), the tax imposed by
  111  chapter 203 shall nevertheless be collected and remitted in the
  112  manner and at the time prescribed for tax collections and
  113  remittances under this chapter.
  114         Section 4. Subsection (3) of section 202.13, Florida
  115  Statutes, is amended to read:
  116         202.13 Intent.—
  117         (3) The tax on dealers of communications services
  118  authorized under this chapter, including the tax imposed by
  119  local governments under s. ss. 202.19 and 202.20, supersedes
  120  shall supersede the authority of local governments to levy
  121  franchise fees as set out in 47 U.S.C. s. 542 without regard to
  122  the fact that this is a tax of general applicability on all
  123  providers of communications services.
  124         Section 5. Paragraphs (a) and (c) of subsection (3) of
  125  section 202.18, Florida Statutes, are amended to read:
  126         202.18 Allocation and disposition of tax proceeds.—The
  127  proceeds of the communications services taxes remitted under
  128  this chapter shall be treated as follows:
  129         (3)(a) Notwithstanding any law to the contrary, the
  130  proceeds of each local communications services tax levied by a
  131  municipality or county pursuant to s. 202.19(1) or s. 202.20(1),
  132  less the department’s costs of administration, shall be
  133  transferred to the Local Communications Services Tax Clearing
  134  Trust Fund and held there to be distributed to such municipality
  135  or county. However, the proceeds of any communications services
  136  tax imposed pursuant to s. 202.19(5) shall be deposited and
  137  disbursed in accordance with ss. 212.054 and 212.055. For
  138  purposes of this section, the proceeds of any tax levied by a
  139  municipality or, county, or school board under s. 202.19(1) or
  140  s. 202.20(1) are all funds collected and received by the
  141  department pursuant to a specific levy authorized by such
  142  sections, including any interest and penalties attributable to
  143  the tax levy.
  144         (c)1. Except as otherwise provided in this paragraph,
  145  proceeds of the taxes levied pursuant to s. 202.19, less amounts
  146  deducted for costs of administration in accordance with
  147  paragraph (b), shall be distributed monthly to the appropriate
  148  jurisdictions. The proceeds of taxes imposed pursuant to s.
  149  202.19(5) shall be distributed in the same manner as
  150  discretionary surtaxes are distributed, in accordance with ss.
  151  212.054 and 212.055.
  152         2. The department shall make any adjustments to the
  153  distributions pursuant to this section which are necessary to
  154  reflect the proper amounts due to individual jurisdictions or
  155  trust funds. In the event that the department adjusts amounts
  156  due to reflect a correction in the situsing of a customer, such
  157  adjustment shall be limited to the amount of tax actually
  158  collected from such customer by the dealer of communications
  159  communication services.
  160         3.a. Adjustments in distributions which are necessary to
  161  correct misallocations between jurisdictions shall be governed
  162  by this subparagraph. If the department determines that
  163  misallocations between jurisdictions occurred, it shall provide
  164  written notice of such determination to all affected
  165  jurisdictions. The notice shall include the amount of the
  166  misallocations, the basis upon which the determination was made,
  167  data supporting the determination, and the identity of each
  168  affected jurisdiction. The notice shall also inform all affected
  169  jurisdictions of their authority to enter into a written
  170  agreement establishing a method of adjustment as described in
  171  sub-subparagraph c.
  172         b. An adjustment affecting a distribution to a jurisdiction
  173  which is less than 90 percent of the average monthly
  174  distribution to that jurisdiction for the 6 months immediately
  175  preceding the department’s determination, as reported by all
  176  communications services dealers, shall be made in the month
  177  immediately following the department’s determination that
  178  misallocations occurred.
  179         c. If an adjustment affecting a distribution to a
  180  jurisdiction equals or exceeds 90 percent of the average monthly
  181  distribution to that jurisdiction for the 6 months immediately
  182  preceding the department’s determination, as reported by all
  183  communications services dealers, the affected jurisdictions may
  184  enter into a written agreement establishing a method of
  185  adjustment. If the agreement establishing a method of adjustment
  186  provides for payments of local communications services tax
  187  monthly distributions, the amount of any such payment agreed to
  188  may not exceed the local communications services tax monthly
  189  distributions available to the jurisdiction that was allocated
  190  amounts in excess of those to which it was entitled. If affected
  191  jurisdictions execute a written agreement specifying a method of
  192  adjustment, a copy of the written agreement shall be provided to
  193  the department no later than the first day of the month
  194  following 90 days after the date the department transmits notice
  195  of the misallocation. If the department does not receive a copy
  196  of the written agreement within the specified time period, an
  197  adjustment affecting a distribution to a jurisdiction made
  198  pursuant to this sub-subparagraph shall be prorated over a time
  199  period that equals the time period over which the misallocations
  200  occurred.
  201         Section 6. Section 202.19, Florida Statutes, is amended to
  202  read:
  203         202.19 Authorization to impose local communications
  204  services tax.—
  205         (1) The governing authority of each county and municipality
  206  may, by ordinance, levy a local discretionary communications
  207  services tax as provided in this section.
  208         (2)(a) Local communications services tax rates in effect on
  209  January 1, 2020, which are 5 percent or less may not be amended
  210  beyond their current rates. Local communications services tax
  211  rates in effect on January 1, 2020, which are greater than 5
  212  percent must be reduced to 5 percent or less on January 1, 2021.
  213  Each county and municipality must adopt a local communications
  214  services tax rate ordinance of 5 percent or less by September 1,
  215  2020, as provided in s. 202.21. If a county or municipality
  216  fails to adopt a rate ordinance on or before September 1, 2020,
  217  a dealer may not collect or remit the local communications
  218  services tax in excess of 5 percent on or after January 1, 2021
  219  Charter counties and municipalities may levy the tax authorized
  220  by subsection (1) at a rate of up to 5.1 percent for
  221  municipalities and charter counties that have not chosen to levy
  222  permit fees, and at a rate of up to 4.98 percent for
  223  municipalities and charter counties that have chosen to levy
  224  permit fees.
  225         (b)1.Beginning January 1, 2022, a charter county or
  226  municipality may levy the tax authorized by subsection (1) at a
  227  flat rate of 4 percent. To levy the local communications
  228  services tax beginning January 1, 2022, each charter county and
  229  municipality must adopt by ordinance a flat 4 percent tax rate
  230  by September 1, 2021, as provided in s. 202.21. If a charter
  231  county or municipality that levies the local communications
  232  services tax on January 1, 2021, fails to adopt an ordinance
  233  before September 1, 2021, to adjust its tax rate to 4 percent, a
  234  dealer must collect and remit the local communications services
  235  tax at a rate of 4 percent on and after January 1, 2022. Each
  236  charter county and municipality may levy a 4 percent tax or
  237  repeal a tax at any time. However, the 4 percent tax rate or
  238  repeal is effective for bills dated on or after the following
  239  January 1.
  240         2.Beginning January 1, 2022, a noncharter county may levy
  241  the tax authorized by subsection (1) at a flat rate of 2
  242  percent. If a noncharter county that levies the local
  243  communications services tax on January 1, 2021, fails to adopt
  244  an ordinance before September 1, 2021, to adjust its tax rate to
  245  2 percent, a dealer must collect and remit the local
  246  communications services tax at a rate of 2 percent on and after
  247  January 1, 2022. A noncharter county may levy a 2 percent tax
  248  rate or repeal a tax at any time. However, the 2 percent tax
  249  rate or repeal is effective for bills dated on or after the
  250  following January 1 Noncharter counties may levy the tax
  251  authorized by subsection (1) at a rate of up to 1.6 percent.
  252         (c)The maximum rates authorized by paragraphs (a) and (b)
  253  do not include the add-ons of up to 0.12 percent for
  254  municipalities and charter counties or of up to 0.24 percent for
  255  noncharter counties authorized pursuant to s. 337.401, nor do
  256  they supersede conversion or emergency rates authorized by s.
  257  202.20 which are in excess of these maximum rates.
  258         (3)(a) The tax authorized under this section replaces other
  259  revenue sources for municipalities and counties and includes the
  260  following taxes, charges, fees, and other impositions to the
  261  extent that the respective local taxing jurisdictions were
  262  authorized to impose those taxes, charges, fees, and other
  263  impositions before July 1, 2000, and after October 1, 2020:
  264         1.With respect to a charter county or municipality:
  265         a.The public service tax on telecommunications authorized
  266  by s. 166.231(9), Florida Statutes (2001).
  267         b.Franchise fees on providers of cable television services
  268  as authorized by 47 U.S.C. s. 542.
  269         c.The public service tax on prepaid calling arrangements.
  270         d.Franchise fees on dealers of communications services
  271  that use the public roads or rights-of-way.
  272         e.Actual permit fees relating to placing or maintaining
  273  facilities in or on public roads or rights-of-way collected from
  274  providers of long-distance, cable, and mobile communications
  275  services for the fiscal year ending September 30, 1999; however,
  276  if a municipality or charter county elected to continue charging
  277  permit fees as authorized by s. 337.401 on or before January 1,
  278  2019, the fees may not be included as a replaced revenue source.
  279         f.Application fees, transfer fees, renewal fees, or claims
  280  for related costs to which the municipality or county is
  281  otherwise entitled for granting permission to dealers of
  282  communications services, including providers of cable television
  283  services as authorized by 47 U.S.C. s. 542, to use or occupy its
  284  roads or rights-of-way for the placement, construction, and
  285  maintenance of poles, wires, and other fixtures used in the
  286  provision of communications services.
  287         2.With respect to a noncharter county, franchise fees on
  288  providers of cable television services as authorized by 47
  289  U.S.C. s. 542 The tax authorized under this section includes and
  290  is in lieu of any fee or other consideration, including, but not
  291  limited to, application fees, transfer fees, renewal fees, or
  292  claims for related costs, to which the municipality or county is
  293  otherwise entitled for granting permission to dealers of
  294  communications services, including, but not limited to,
  295  providers of cable television services, as authorized in 47
  296  U.S.C. s. 542, to use or occupy its roads or rights-of-way for
  297  the placement, construction, and maintenance of poles, wires,
  298  and other fixtures used in the provision of communications
  299  services.
  300         (b) This subsection does not supersede or impair the right,
  301  if any, of a municipality or county to require the payment of
  302  consideration or to require the payment of regulatory fees or
  303  assessments by persons using or occupying its roads or rights
  304  of-way in a capacity other than that of a dealer of
  305  communications services.
  306         (4)(a)1. Except as otherwise provided in this section, the
  307  tax imposed by any municipality shall be on all communications
  308  services subject to tax under s. 202.12 which:
  309         a. Originate or terminate in this state; and
  310         b. Are charged to a service address in the municipality.
  311         2. With respect to private communications services, the tax
  312  shall be on the sales price of such services provided within the
  313  municipality, which shall be determined in accordance with the
  314  following provisions:
  315         a. Any charge with respect to a channel termination point
  316  located within such municipality;
  317         b. Any charge for the use of a channel between two channel
  318  termination points located in such municipality; and
  319         c. Where channel termination points are located both within
  320  and outside of the municipality:
  321         (I) If any segment between two such channel termination
  322  points is separately billed, 50 percent of such charge; and
  323         (II) If any segment of the circuit is not separately
  324  billed, an amount equal to the total charge for such circuit
  325  multiplied by a fraction, the numerator of which is the number
  326  of channel termination points within such municipality and the
  327  denominator of which is the total number of channel termination
  328  points of the circuit.
  329         (b)1. Except as otherwise provided in this section, the tax
  330  imposed by any county under subsection (1) shall be on all
  331  communications services subject to tax under s. 202.12 which:
  332         a. Originate or terminate in this state; and
  333         b. Are charged to a service address in the unincorporated
  334  area of the county.
  335         2. With respect to private communications services, the tax
  336  shall be on the sales price of such services provided within the
  337  unincorporated area of the county, which shall be determined in
  338  accordance with the following provisions:
  339         a. Any charge with respect to a channel termination point
  340  located within the unincorporated area of such county;
  341         b. Any charge for the use of a channel between two channel
  342  termination points located in the unincorporated area of such
  343  county; and
  344         c. Where channel termination points are located both within
  345  and outside of the unincorporated area of such county:
  346         (I) If any segment between two such channel termination
  347  points is separately billed, 50 percent of such charge; and
  348         (II) If any segment of the circuit is not separately
  349  billed, an amount equal to the total charge for such circuit
  350  multiplied by a fraction, the numerator of which is the number
  351  of channel termination points within the unincorporated area of
  352  such county and the denominator of which is the total number of
  353  channel termination points of the circuit.
  354         (5)In addition to the communications services taxes
  355  authorized by subsection (1), a discretionary sales surtax that
  356  a county or school board has levied under s. 212.055 is imposed
  357  as a local communications services tax under this section, and
  358  the rate shall be determined in accordance with s. 202.20(3).
  359         (a)Except as otherwise provided in this subsection, each
  360  such tax rate shall be applied, in addition to the other tax
  361  rates applied under this chapter, to communications services
  362  subject to tax under s. 202.12 which:
  363         1.Originate or terminate in this state; and
  364         2.Are charged to a service address in the county.
  365         (b)With respect to private communications services, the
  366  tax shall be on the sales price of such services provided within
  367  the county, which shall be determined in accordance with the
  368  following provisions:
  369         1.Any charge with respect to a channel termination point
  370  located within such county;
  371         2.Any charge for the use of a channel between two channel
  372  termination points located in such county; and
  373         3.Where channel termination points are located both within
  374  and outside of such county:
  375         a.If any segment between two such channel termination
  376  points is separately billed, 50 percent of such charge; and
  377         b.If any segment of the circuit is not separately billed,
  378  an amount equal to the total charge for such circuit multiplied
  379  by a fraction, the numerator of which is the number of channel
  380  termination points within such county and the denominator of
  381  which is the total number of channel termination points of the
  382  circuit.
  383         (5)(6) Notwithstanding any other provision of this section,
  384  a tax imposed under this section does not apply to any direct
  385  to-home satellite service.
  386         (6)(7) Notwithstanding any law to the contrary, a tax
  387  imposed under this section shall not exceed $25,000 per calendar
  388  year on communications services charges billed to a service
  389  address located in a municipality or county imposing a local
  390  communications services tax for interstate communications
  391  services that originate outside this state and terminate within
  392  this state. This subsection applies only to holders of a direct
  393  pay permit issued under s. 202.12(3). A person who does not
  394  qualify for a direct-pay permit under s. 202.12(3) does not
  395  qualify for a direct-pay permit under this subsection. A refund
  396  may not be given for taxes paid before receiving a direct-pay
  397  permit. Upon application, the department shall identify the
  398  service addresses qualifying for the limitation provided by this
  399  subsection on the direct-pay permit issued under s. 202.12(3)
  400  and authorize such purchaser to pay the local communications tax
  401  on such interstate services directly to the department if the
  402  application indicates that the majority of such services used by
  403  such person and billed to a service address are for
  404  communications originating outside of this state and terminating
  405  in this state. The direct-pay permit shall also indicate the
  406  counties or municipalities to which it applies. Any dealer of
  407  communications services furnishing communications services to
  408  the holder of a valid direct-pay permit is relieved of the
  409  obligation to collect and remit the tax on such services. Tax
  410  payments and returns pursuant to a direct-pay permit shall be
  411  monthly. As used in this subsection, “person” means a single
  412  legal entity and does not mean a group or combination of
  413  affiliated entities or entities controlled by one person or
  414  group of persons.
  415         (7)(8) The revenues raised by any tax imposed under
  416  subsection (1) or s. 202.20(1), or distributed to a local
  417  government pursuant to s. 202.18, may be used by a municipality
  418  or county for any public purpose, including, but not limited to,
  419  pledging such revenues for the repayment of current or future
  420  bonded indebtedness. Revenues raised by a tax imposed under
  421  subsection (5) shall be used for the same purposes as the
  422  underlying discretionary sales surtax imposed by the county or
  423  school board under s. 212.055.
  424         (8)(9) Notwithstanding any provision of law to the
  425  contrary, the exemption set forth in s. 202.125(1) does shall
  426  not apply to the local communications services a tax imposed by
  427  this section a municipality, school board, or county pursuant to
  428  subsection (4) or subsection (5).
  429         (9)(10) To the extent that a provider of communications
  430  services is required to pay to a local taxing jurisdiction a
  431  tax, charge, or other fee under any franchise agreement or
  432  ordinance with respect to the services or revenues that are also
  433  subject to the tax imposed by this section, such provider is
  434  entitled to a credit against the amount payable to the state
  435  pursuant to this section in the amount of such tax, charge, or
  436  fee with respect to such services or revenues. The amount of
  437  such credit shall be deducted from the amount that such local
  438  taxing jurisdiction is entitled to receive under s. 202.18(3).
  439         (10)(11) Notwithstanding any other provision of this
  440  section, with respect to mobile communications services, the
  441  rate of a local communications services tax levied under this
  442  section shall be applied to the sales price of all mobile
  443  communications services deemed to be provided to a customer by a
  444  home service provider pursuant to s. 117(a) of the Mobile
  445  Telecommunications Sourcing Act, Pub. L. No. 106-252, if such
  446  customer’s service address is located within the municipality
  447  levying the tax or within the unincorporated area of the county
  448  levying the tax, as the case may be.
  449         Section 7. Section 202.197, Florida Statutes, is created to
  450  read:
  451         202.197Offset for certain local communications services
  452  tax loss associated with tax rate reductions.—
  453         (1)If in any year, as a direct result of the tax rate
  454  changes required by this act, local communications services tax
  455  revenues are expected to be insufficient to timely pay principal
  456  and interest or to comply with any covenant under a bond
  457  resolution for bonds or other indebtedness outstanding as of
  458  January 1, 2020, the Legislature may appropriate to the affected
  459  jurisdiction an amount needed to eliminate the insufficiency.
  460  The fact that the revenues of a local communications services
  461  tax are pledged generally or that multiple revenue streams are
  462  pledged creates a presumption that the jurisdiction’s
  463  insufficient revenue amount does not directly result from the
  464  tax rate changes. Local communications services tax revenue
  465  decreases due to consumer price reductions for taxable services
  466  or due to reduced purchases of taxable services are not a direct
  467  result of the tax rate changes required by this act.
  468         (2)On or before November 15, each affected jurisdiction
  469  expecting an insufficient revenue amount under subsection (1)
  470  shall apply for an appropriation to the department on a form and
  471  in the manner prescribed by the department. The department shall
  472  review the application and report the jurisdiction’s aggregate
  473  taxable sales amounts for each of the two prior 12-month periods
  474  to allow the Legislature to calculate any reductions due to the
  475  affected jurisdiction as a result of changes in taxable sales.
  476  On or before January 1, the department shall submit a report to
  477  the Legislature containing each jurisdiction’s application,
  478  aggregate taxable sales amounts, and any supporting
  479  documentation provided by the jurisdiction to substantiate the
  480  expected shortfall in revenues to meet debt service or bond
  481  covenant requirements.
  482         Section 8. Section 202.21, Florida Statutes, is amended to
  483  read:
  484         202.21 Effective dates; procedures for informing dealers of
  485  communications services of tax levies and rate adoptions or
  486  repeals changes.—Any adoption or, repeal, or change in the rate
  487  of a local communications services tax imposed under s. 202.19
  488  is effective with respect to taxable services included on bills
  489  that are dated on or after the January 1 subsequent to such
  490  adoption or, repeal, or change. A municipality or county
  491  adopting or, repealing, or changing the rate of such tax must
  492  notify the department of the adoption or, repeal, or change by
  493  September 1 immediately preceding such January 1. Notification
  494  must be furnished on a form prescribed by the department and
  495  must specify the rate of tax; the effective date of the adoption
  496  or, repeal, or change thereof; and the name, mailing address,
  497  and telephone number of a person designated by the municipality
  498  or county to respond to inquiries concerning the tax. The
  499  department shall provide notice of such adoption or, repeal, or
  500  change to all affected dealers of communications services at
  501  least 90 days before the effective date of the tax. The
  502  department is not required to adopt by rule as set forth in s.
  503  120.54 amendments to the communications services tax return form
  504  that solely add local communications services tax rates which
  505  adopted or remove local communications services tax rates which
  506  were repealed Any local government that adjusts the rate of its
  507  local communications services tax by emergency ordinance or
  508  resolution pursuant to s. 202.20(2) shall notify the department
  509  of the new tax rate immediately upon its adoption. The
  510  department shall provide written notice of the adoption of the
  511  new rate to all affected dealers within 30 days after receiving
  512  such notice. In any notice to providers or publication of local
  513  tax rates for purposes of this chapter, the department shall
  514  express the rate for a municipality or charter county as the sum
  515  of the tax rates levied within such jurisdiction pursuant to s.
  516  202.19(2)(a) and (5), and shall express the rate for any other
  517  county as the sum of the tax rates levied pursuant to s.
  518  202.19(2)(b) and (5). The department is not liable for any loss
  519  of or decrease in revenue by reason of any error, omission, or
  520  untimely action that results in the nonpayment of a tax imposed
  521  under s. 202.19.
  522         Section 9. Paragraph (c) of subsection (2) of section
  523  202.24, Florida Statutes, is amended to read:
  524         202.24 Limitations on local taxes and fees imposed on
  525  dealers of communications services.—
  526         (2)
  527         (c) This subsection does not apply to:
  528         1. Local communications services taxes levied under this
  529  chapter.
  530         2. Ad valorem taxes levied pursuant to chapter 200.
  531         3. Business taxes levied under chapter 205.
  532         4. “911” service charges levied under chapter 365.
  533         5. Amounts charged for the rental or other use of property
  534  owned by a public body which is not in the public rights-of-way
  535  to a dealer of communications services for any purpose,
  536  including, but not limited to, the placement or attachment of
  537  equipment used in the provision of communications services.
  538         6. Permit fees of general applicability which are not
  539  related to placing or maintaining facilities in or on public
  540  roads or rights-of-way.
  541         7. Permit fees related to placing or maintaining facilities
  542  in or on public roads or rights-of-way pursuant to s. 337.401.
  543         8. Any in-kind requirements, institutional networks, or
  544  contributions for, or in support of, the use or construction of
  545  public, educational, or governmental access facilities allowed
  546  under federal law and imposed on providers of video service
  547  pursuant to any existing ordinance or an existing franchise
  548  agreement granted by each municipality or county, under which
  549  ordinance or franchise agreement service is provided before July
  550  1, 2007, or as permitted under chapter 610. This subparagraph
  551  does not prohibit providers of video service from recovering the
  552  expenses as allowed under federal law.
  553         9. Special assessments and impact fees.
  554         10. Pole attachment fees that are charged by a local
  555  government for attachments to utility poles owned by the local
  556  government.
  557         11. Utility service fees or other similar user fees for
  558  utility services.
  559         12. Any other generally applicable tax, fee, charge, or
  560  imposition authorized by general law on July 1, 2000, which is
  561  not specifically prohibited by this subsection or included as a
  562  replaced revenue source in s. 202.19 s. 202.20.
  563         Section 10. Paragraphs (a) and (b) of subsection (1) and
  564  subsection (2) of section 202.37, Florida Statutes, are amended
  565  to read:
  566         202.37 Special rules for administration of local
  567  communications services tax.—
  568         (1)(a) Except as otherwise provided in this section, all
  569  statutory provisions and administrative rules applicable to the
  570  communications services tax imposed by s. 202.12 apply to any
  571  local communications services tax imposed under s. 202.19, and
  572  the department shall administer, collect, and enforce all taxes
  573  imposed under s. 202.19, including interest and penalties
  574  attributable thereto, in accordance with the same procedures
  575  used in the administration, collection, and enforcement of the
  576  communications services tax imposed by s. 202.12. Audits
  577  performed by the department shall include a determination of the
  578  dealer’s compliance with the jurisdictional situsing of its
  579  customers’ service addresses and a determination of whether the
  580  rate collected for the local tax pursuant to s. ss. 202.19 and
  581  202.20 is correct. The person or entity designated by a local
  582  government pursuant to s. 213.053(8) may provide evidence to the
  583  department demonstrating a specific person’s failure to fully or
  584  correctly report taxable communications services sales within
  585  the jurisdiction. The department may request additional
  586  information from the designee to assist in any review. The
  587  department shall inform the designee of what action, if any, the
  588  department intends to take regarding the person.
  589         (b) The department may contract with one or more private
  590  entities to assist it in fulfilling its obligation of
  591  administering the local communications services taxes imposed
  592  under this chapter, including, but not limited to, the
  593  compilation, maintenance, and publication of data pursuant to s.
  594  ss. 202.21 and 202.22.
  595         (2) Each dealer of communications services obligated to
  596  collect and remit one or more local communications services
  597  taxes imposed under s. 202.19 shall separately report and
  598  identify each such tax to the department, by jurisdiction, on a
  599  form prescribed by the department, and shall pay such taxes to
  600  the department. However, taxes imposed under s. 202.19(5) shall
  601  be added to and included in the amounts reported to the
  602  department as taxes imposed under s. 202.19(1). A dealer of
  603  communications services may include in a single payment to the
  604  department:
  605         (a) The total amount of all local communications services
  606  taxes imposed pursuant to s. 202.19; and
  607         (b) The amount of communications services tax imposed by
  608  ss. 202.12 and 203.01.
  609         Section 11. Paragraph (c) of subsection (3) of section
  610  337.401, Florida Statutes, is amended to read:
  611         337.401 Use of right-of-way for utilities subject to
  612  regulation; permit; fees.—
  613         (3)
  614         (c) Any municipality or county that, as of January 1, 2019,
  615  elected to require permit fees from any provider of
  616  communications services that uses or occupies municipal or
  617  county roads or rights-of-way pursuant to former paragraph (c)
  618  or former paragraph (j), Florida Statutes 2018, may continue to
  619  require and collect such fees. A municipality or county that
  620  elected as of January 1, 2019, to require permit fees may elect
  621  to forego such fees as provided herein. A municipality or county
  622  that elected as of January 1, 2019, not to require permit fees
  623  may not elect to impose permit fees. All fees authorized under
  624  this paragraph must be reasonable and commensurate with the
  625  direct and actual cost of the regulatory activity, including
  626  issuing and processing permits, plan reviews, physical
  627  inspection, and direct administrative costs; must be
  628  demonstrable; and must be equitable among users of the roads or
  629  rights-of-way. A fee authorized under this paragraph may not be
  630  offset against the tax imposed under chapter 202; include the
  631  costs of roads or rights-of-way acquisition or roads or rights
  632  of-way rental; include any general administrative, management,
  633  or maintenance costs of the roads or rights-of-way; or be based
  634  on a percentage of the value or costs associated with the work
  635  to be performed on the roads or rights-of-way. In an action to
  636  recover amounts due for a fee not authorized under this
  637  paragraph, the prevailing party may recover court costs and
  638  attorney fees at trial and on appeal. In addition to the
  639  limitations set forth in this section, a fee levied by a
  640  municipality or charter county under this paragraph may not
  641  exceed $100. However, permit fees may not be imposed with
  642  respect to permits that may be required for service drop lines
  643  not required to be noticed under s. 556.108(5) or for any
  644  activity that does not require the physical disturbance of the
  645  roads or rights-of-way or does not impair access to or full use
  646  of the roads or rights-of-way, including, but not limited to,
  647  the performance of service restoration work on existing
  648  facilities, extensions of such facilities for providing
  649  communications services to customers, and the placement of micro
  650  wireless facilities in accordance with subparagraph (7)(e)3.
  651         1. If a municipality or charter county elects to not
  652  require permit fees, the total rate for the local communications
  653  services tax as computed under s. 202.20 for that municipality
  654  or charter county may be increased by ordinance or resolution by
  655  an amount not to exceed a rate of 0.12 percent.
  656         2. If a noncharter county elects to not require permit
  657  fees, the total rate for the local communications services tax
  658  as computed under s. 202.20 for that noncharter county may be
  659  increased by ordinance or resolution by an amount not to exceed
  660  a rate of 0.24 percent, to replace the revenue the noncharter
  661  county would otherwise have received from permit fees for
  662  providers of communications services.
  663         Section 12. Section 202.20, Florida Statutes, is repealed.
  664         Section 13. The Division of Law Revision is directed to
  665  replace the phrase “this act” in Section 7 of this act with the
  666  chapter law of this act.
  667         Section 14. Except as otherwise expressly provided in this
  668  act and except for this section, which shall take effect upon
  669  this act becoming a law, this act shall take effect January 1,
  670  2021.