SENATE AMENDMENT

    Bill No. CS for CS for SB 1610

    Amendment No. ___   Barcode 300214

                            CHAMBER ACTION
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11  Senator Pruitt moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 9, line 1, through

15            page 10, line 27, delete those lines

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17  and insert:

18         Section 7.  Paragraph (j) of subsection (3) and

19  subsections (4) and (6) of section 337.401, Florida Statutes,

20  are amended to read:

21         337.401  Use of right-of-way for utilities subject to

22  regulation; permit; fees.--

23         (3)

24         (j)  Pursuant to this paragraph, any county or

25  municipality may by ordinance change either its election made

26  on or before July 16, 2001, under paragraph (c) or an election

27  made under this paragraph.

28         1.a.  If a municipality or charter county changes its

29  election under this paragraph in order to exercise its

30  authority to require and collect permit fees in accordance

31  with this subsection, the rate of the local communications

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1610

    Amendment No. ___   Barcode 300214





  1  services tax imposed by such jurisdiction pursuant to ss.

  2  202.19 and 202.20 shall automatically be reduced by the sum of

  3  0.12 percent plus the percentage, if any, by which such rate

  4  was increased pursuant to sub-subparagraph (c)1.b.

  5         b.  If a municipality or charter county changes its

  6  election under this paragraph in order to discontinue

  7  requiring and collecting permit fees, the rate of the local

  8  communications services tax imposed by such jurisdiction

  9  pursuant to ss. 202.19 and 202.20 may be increased by

10  ordinance or resolution by an amount not to exceed 0.24

11  percent.

12         2.a.  If a noncharter county changes its election under

13  this paragraph in order to exercise its authority to require

14  and collect permit fees in accordance with this subsection,

15  the rate of the local communications services tax imposed by

16  such jurisdiction pursuant to ss. 202.19 and 202.20 shall

17  automatically be reduced by the percentage, if any, by which

18  such rate was increased pursuant to sub-subparagraph (c)2.b.

19         b.  If a noncharter county changes its election under

20  this paragraph in order to discontinue requiring and

21  collecting permit fees, the rate of the local communications

22  services tax imposed by such jurisdiction pursuant to ss.

23  202.19 and 202.20 may be increased by ordinance or resolution

24  by an amount not to exceed 0.24 percent.

25         3.a.  Any change of election pursuant to this paragraph

26  and any tax rate change resulting from such change of election

27  shall be subject to the notice requirements of s. 202.21;

28  however, no such change of election shall become effective

29  prior to January 1, 2003.

30         b.  Any county or municipality changing its election

31  under this paragraph in order to exercise its authority to

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1610

    Amendment No. ___   Barcode 300214





  1  require and collect permit fees shall, in addition to

  2  complying with the notice requirements under s. 202.21,

  3  provide to all dealers providing communications services in

  4  such jurisdiction written notice of such change of election by

  5  September July 1 immediately preceding the January 1 on which

  6  such change of election becomes effective. For purposes of

  7  this sub-subparagraph, dealers providing communications

  8  services in such jurisdiction shall include every dealer

  9  reporting tax to such jurisdiction pursuant to s. 202.37 on

10  the return required under s. 202.27 to be filed on or before

11  the 20th day of May immediately preceding the January 1 on

12  which such change of election becomes effective.

13         (4)  As used in this section, "communications services"

14  and "dealer" have has the same meaning ascribed in chapter

15  202, and "cable service" has the same meaning ascribed in 47

16  U.S.C. s. 522, as amended.

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19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1, line 29, after the first semicolon,

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23  insert:

24         defining the term "dealer";

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