O-430-M
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CITY OF CLERMONT
ORDINANCE
No. 430-M
Page 1
AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA RELATING TO REQUIRING AND COLLECTING PERMIT FEES
FROM PROVIDERS OF COMMUNICATIONS SERVICES AND INCREASING
THE LOCAL COMMUNICATIONS SERVICE TAX; PROVIDING FOR
INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT
PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL
COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE
DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, section 337.401(3)(c)1., Florida Statutes (2000), requires each
municipality to make an election regarding the payment of permit fees by providers of
communications services and further requires . each municipality to inform the
Department of Revenue of the election by certified mail by July 16, 200 I; and
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WHEREAS, a municipality may require and collect permit fees from any
providers of communications services that use or occupy municipal roads or rights-of-
way for the provision of communications services. However, to ensure competitive
neutrality among providers of communications services, a municipality that elects to
exercise its authority to require and collect permit fees will have an automatic reduction
in the rate of the local communications services tax for the municipality, as computed
under section 202.20(1) and (2), Florida Statutes (2000), as amended, by a rate of 0.12%;
and
WHEREAS, alternatively a municipality may elect not to require and collect
permit fees from any provider of communications services that uses or occupies
municipal roads or rights-of-way for the provision of communications services. If the
municipality elects not to require and collect permit fees, the total rate for the local
communications services tax as computed under section 202.20(1) and (2), Florida
Statutes (2000), as amended, for that municipality may be increased by ordinance an
amount not to exceed a rate of 0.12%; and
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WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature
further amends section 337.401(3)(c)1., Florida Statutes (2000), to state that the
Department of Revenue must be informed of a municipality's election by certified mail
postmarked on or before July 16, 200 I; and
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CITY OF CLERMONT
ORDINANCE
No. 430-M
Page 2
WHEREAS, section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature
further provides that if a municipality elects not to require and collect permit fees from
any provider of communications services that uses or occupies municipal roads or rights-
of-way for the provision of communications services, the total rate for the local
communications services tax as computed under section 202.20(1) and (2), Florida
Statutes (2000), as amended, for that municipality may be increased by ordinance or
resolution by an amount not to exceed a rate of 0.12%. The bill further provides if a
municipality elects to increase its rate effective October I, 2001, the municipality shall
inform the Department of Revenue of such increased rate by certified mail postmarked on
or before July 16, 200 I; and
WHEREAS, section 337.401(3)(c)1., Florida Statutes (2000), further provides
that if a municipality does not make an election and notify the Department of Revenue, it
is presumed that the municipality elects not to require and collect permit fees from any
provider of communications services that uses or occupies municipal roads or rights-of-
way for the provision of communications services, and such municipality will be
authorized to increase its tax rate by an amount not to exceed a rate of 0.12%; and
WHEREAS, whatever election the municipality makes, such election shall take
effect on October 1,2001.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. Intent.
It is the intent of the City of Clermont to make an election under section
337.401(3)(c)1., Florida Statutes (2000), as amended by section 34, Enrolled CS/CS/SB
1878 by the 2001 Florida Legislature, regarding the City of Clermont's decision on
whether to require and collect permit fees from any providers of communications services
that use or occupy municipal roads or rights-of-way for the provision of communications
servIces.
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CITY OF CLERMONT
ORDINANCE
No. 430-M
Page 3
SECTION 2. Election Not to Require and Collect Permit Fees.
The City of Clermont elects not to require and collect permits fees from any
provider of communications services that uses or occupies municipal roads or rights-of-
way for the provision of communications services. As provided in section
337.40 I (3)(c) 1., Florida Statutes (2000), this election shall take effect October 1,2001.
SECTION 3. Election to Increase Local Communications Services Tax.
Pursuant to section 337.401(3)(c)l.b., Florida Statutes (2000), as amended by
section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature, the City of
Clermont elects to increase its total rate for the local communications services tax as
computed under section 202.20(1) and (2), Florida Statutes (2000), as amended, by an
amount of 0.12%, and this election shall take effect October 1,2001.
SECTION 4. Notice to the Department of Revenue.
The City of Clermont directs that the notice of the above elections be provided to
the Department of Revenue by certified mail postmarked on or before July 16, 2001, as
provided in section 34, Enrolled CS/CS/SB 1878 by the 2001 Florida Legislature.
SECTION 5. Severability.
The provisions of this Ordinance are declared to be severable and if any section,
sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
SECTION 6. Effective Date.
The effective date of this Ordinance shall be immediately upon its passage by the
City of Clermont.
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CITY OF CLERMONT
ORDINANCE
No. 430-M
Page 4
DONE AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THIS 10TH DAY OF JULY, 2001.
Attest:
~. Vm"'¡o,
CITY OF CLERMONT
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,/ Hatold-S. Turville, Jr., Mayor