Resolution 246-2001
Board of County Commissioners
RESOLUTION NO. 246 -2001
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA ELECTING TO INCREASE THE LOCAL
COMMUNICATIONS SERVICES TAX CONVERSION RATE TO MINIMIZE
FISCAL IMPACT TO THE COUNTY DUE TO PASSAGE OF COMMUNICATIONS
SERVICES TAX SIMPLIFICATION LAW; ELECTING TO INCREASE THE
TOTAL RATE FOR THE LOCAL COMMUNICATIONS SERVICES TAX BY 0.24
PERCENT IN LIEU OF IMPOSING PERMIT FEES ON COMMUNICATIONS
SERVICE PROVIDERS DESIRING TO OCCUPY COUNTY RIGHT-OF-WAY;
DIRECTING THE CLERK TO TRANSMIT THIS RESOLUTION TO STATE OF
FLORIDA DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Chapter 2000-260, Laws of Florida, as amended by Chapter 2001-
140, Laws of Florida (hereinafter "Communications Services Tax Simplification Law"),
restructures and consolidates all taxes imposed upon communications services; and
WHEREAS, as allowed by the Communications Services Tax Simplification Law,
the BOCC desires to adopt a rate for the local communications services tax ("CST") to
be distributed to Monroe County from the State of Florida Department of Revenue in
order to minimize the fiscal impact to the County due to passage of this state law; and
WHEREAS, the Communications Services Tax Simplification Law requires local
governments to inform the State of Florida Department of Revenue of it adoption of a
CST rate by certified mail no later than July 16, 2001 for it to take effect on October 1,
2001; and
WHEREAS, the Communications Services Tax Simplification Law requires local
governments to elect either to increase the total rate for the local CST by the permit fee
Add-on of 0.24 percent or to impose a permit fee which cannot exceed $100.00 per
permit application; and
WHEREAS, the Communications Services Tax Simplification Law requires local
governments to inform the State of Florida Department of Revenue of this election by
certified mail no later thC1ln July 16, 2001; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The Recitals set forth above are true and correct and form a part of
this Resolution.
Section 2. Pursuant to section 202.20, Fla. Stat., as amended by Chapter 2001-
140, Laws of Florida, the BOCC of Monroe County, Florida, hereby elects to adopt a 1.5
percent rate as the County's local CST for the period of October 1, 2001 through
September 30, 2002.
Section 3. Pursuant to section 202.20, Fla. Stat., as amended by Chapter 2001-
140, Laws of Florida, the BOCC of Monroe County, Florida hereby further elects to
establish the County's annualized CST rate at 1.4 percent beginning October 2, 2002.
Section 4. The rates set forth in paragraphs 2 and 3 do not include 0.24
percent permit fee Add-on allowed by section 337.401, Fla. Stat., and established in
paragraph 5 of this Resolution below.
Section 5. Pursuant to section 337.401, Fla. Stat., the BOCC of Monroe County,
Florida, hereby elects to increase the total rate for the local CST by 0.24 percent in lieu
of imposing permit fees on communications service providers desiring to occupy County
rig ht-of-way.
Section 6. In the aggregate, the first year CST rate is 1.74 percent, to be
effective October 1, 2001 through September 30, 2001. In the aggregate, the
annualized CST rate is 1.64 percent to be effective October 1, 2002 and thereafter,
unless changed by action of the BOCC.
Section 7. The Clerk to the BOCC is hereby directed to transmit a true and
correct copy of this Resolution to the State of Florida Department of Revenue by
certified mail no later than July 16, 2001. The address is Communications Services Tax,
Florida Department of Revenue, Post Office Box 6609, Tallahassee, FL 32399-6000. The
Clerk is also directed to inform the Department that for questions about the County's
local CST, it may contact Rob Wolfe at County Attorney's Office, 304/292-3470.
Section 8. If any section, subsection, sentence, clause, or provision of this
Resolution is held unconstitutional, inoperative, or void by a court of competent
jurisdiction, such holding shall not affect the remainder of this Resolution.
Section 9. The provisions of this Resolution shall become effective upon
approval by the Board of County Commissioners.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting of said Board held on the 12th day of July, 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Murray Nelson
missioner Dixie Spehar
issioner Charles McCoy
Yes
Yes
Not Present
Yes
Yes
Y L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF M NROE COUNTY, FLORIDA
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. Attach this card to the back of the mail piece,
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1. Article Addressed to: f)
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o Addressee
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o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (Copy from service label)
PS Form 3811, July 1999
Domestic Return Receipt
102595-00-M-0952
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UNITED STATES POSTAL SERVICE
111111
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
. Sender: Please print your name, address, and ZIP+4 in this box ·
DANNY L. KOLHAGE
ClERK CIRCUIT COURT
P.O. BOX 1980
KEY WEST, FLORIDA 33041.1980
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