While the Florida Legislature has prohibited municipalities from requiring providers of communications services who have registered with the Florida Department of Revenue from having to enter into franchise agreements or license arrangements as a condition to placing or maintaining communications facilities in the public rights-of- way, the city expressly reserves the right to require the payment of consideration or regulatory fees by persons using or occupying the public rights-of-way in other capacities. The city reserves the right to require such payments based on the type of user and to the extent as follows:
(A) Dealer. Except as provided elsewhere, a communications services provider who meets the definition of dealer as set forth in this chapter and who has registered in accordance with § 97.05 is not required to enter into a franchise agreement or license arrangement with the city as a condition to placing or maintaining communications facilities in the public rights-of- way, nor is a dealer required to make payment of any franchise fees, license fees or other user fees to the city as consideration for the use or occupancy of the public rights-of-way for the provision of communication services.
(B) Pass-through provider and pass- through facilities. A communications services provider who meets the definition of pass-through provider as set forth in this chapter and who is not subject to the city's local communications services tax imposed pursuant to F.S. §§ 202.19 and 202.20, shall pay the city the maximum annual amount allowed under F.S. § 337.401(6)(b), as amended. For purposes of calculating payments hereunder, each separate pole or tower installed or maintained by a pass-through provider for purposes of supporting antennas for other over- the-air radio transmission or reception equipment in the public rights-of-way shall comprise a separate communications facility subject to assessment of a separate permit fee in the amount of $500 per linear mile, or portion thereof, up to the maximum amount allowed under F.S. § 337.401(6)(b), whichever is higher. The annual amount referred to above shall be due and payable on October 1 of every year beginning on October 1, 2020. Fees not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid. The acceptance of any payment required hereunder by the city shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the city may have for additional sums due and payable or authorization to install any facilities in the public rights-of-way.
(C) Other persons. All other persons, except government, are required to pay the city, as consideration for the use or occupancy of the public rights-of-way for the placement or maintenance of communications facilities, an amount based on and in accordance with City Code.
(D) Government. A government is not required to pay the city consideration for the use or occupancy of the public rights-of-way for the placement or maintenance of communications facilities, unless such facilities are being used by such government or a communications services provider, including resellers, to offer or provide communication services other than for such government's internal non-commercial use, in which event the government, where not subject to the city's local communications services tax imposed pursuant to F.S. §§ 202.19 and 202.20, is required to pay the city, as consideration for the use or occupancy of the public rights-of-way by or through its facilities an amount based on and in accordance with City Code or such other amount or rate of compensation as mutually agreed to in writing by the government and the city.
(Ord. 1625, passed 8-20-20)