(A) (1) Any telecommunications company providing local telephone service, as defined in F.S. § 203.012(3), in the town and that is occupying municipal streets or rights-of-way within the corporate limits of the town with poles, wires or other fixtures shall pay to the town a fee in the amount of 1% of the gross receipts on recurring local service revenues for services provided within the corporate limits of the town by such telecommunications company. Included within the fee are all taxes, licenses, fees, in-kind contributions accepted pursuant to F.S. § 337.401, and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings and similar improvements, and occupational license taxes levied or imposed by the town upon the telecommunications company.
(2) In the event that a telecommunications company which provides telecommunications services defined as toll services in F.S. § 203.012(7), occupies the town’s rights-of-way, the telecommunications company shall pay to the city annually $500 per linear mile, which amount is prorated for any portion thereof, for any cable, fiber optic or other pathway that makes physical use of the town’s rights-of-way. Such annual fee shall be prorated to reflect the expiration date of this chapter and shall be payable annually, in advance. If a telecommunications company that is required to pay a fee pursuant to this division (A)(2) increases the amount of its facilities occupying the town’s rights-of-way after such advance payment has been made, but prior to the expiration date of this chapter, the fees due for the additional facilities shall be prorated and paid in full at the time the facilities are installed in the town’s rights-of-way. The fee or other consideration imposed pursuant to this division (A)(2) shall not apply in any manner to any telecommunications company which provides local telephone service as defined in F.S. § 203.012(3), for any services provided by such telecommunications company.
(3) TELECOMMUNICATIONS COMPANY, as used in this chapter, shall have the meaning set forth in F.S. § 364.02(12) (2000).
(B) The fees provided for in division (A)(1) above shall be paid by the telecommunications company to the town in quarterly installment(s). The installment payment(s) shall be based upon such gross receipts on recurring local service revenues for the immediately preceding installment period or portion thereof after the effective date of this chapter, and shall be made within 30 calendar days following the end of the period. Past due payments or under-payments shall bear interest accrued from the last day of the quarter for which the payment was due. Interest shall be paid at the statutory rate of interest on judgments as established by F.S. § 55.03. Payments shall include a statement as to how the fee amount was determined and the statement shall be certified by the telecommunications company’s chief financial officer or other duly authorized representative of the company.
(C) (1) If the town wishes to verify the payments due to the town under this section, the telecommunications company shall permit the town or a designated representative of the town, upon reasonable advance written notice, and during normal business hours at the location of the telecommunications company where such records are maintained in the town, at another location satisfactory to the town, or elsewhere pursuant to division (C)(1)(a) or (C)(1)(b) below, to review or audit the telecommunications company’s billing and payment records kept in the ordinary course of business upon which the payments were based. If a telecommunications company’s records are not maintained in the town, the telecommunications company shall either:
(a) Pay all reasonable expenses, including travel, following the provisions of F.S. § 112.061(6), (7) and (8) to the town for the town to have a review or audit performed; or
(b) Provide the town with access to copies of the telecommunications company’s records in the town or within 55 miles of the town or by an electronic method satisfactory to the town.
(2) However, without the specific written consent of a telecommunications company’s audit representative, no company records may be duplicated or taken from the telecommunications company’s premises, and the town shall maintain the confidentiality of the information disclosed in these records and use the information solely for the purposes of verifying payments by the telecommunications company. No acceptance of payment shall be construed as a release or as an accord and satisfaction of any claim the town may have for sums due and payable under this chapter unless the town agrees in writing. In the event that the town, pursuant to final audit findings, determines that there exists a difference between the amount due to the town and the amount paid to the town, indicating an underpayment to the town, in excess of 5% of the amount due, such telecommunications company shall pay all reasonable costs, fees and expenses of the audit.
(D) This chapter is adopted consistent with the provisions of F.S. § 337.401, and other applicable provisions of law. This section shall not be construed as a waiver or limitation of the power of the town to prescribe and enforce reasonable rules and regulations pursuant to applicable provisions of law.
(E) If required by applicable town ordinances, codes or regulations, a telecommunications company shall be registered with the town and obtain all permits that may be required by the town regarding occupation of the town’s public rights-of-way for telecommunications facilities.
(Ord. 4-00, passed 1-25-2001)
12 Briny Breezes - Business Regulations