Sec. 710.108. - Franchise fees.

The Florida Communications Services Tax Simplification Law preempts Section 710.108 of this Ordinance. If, however, the Florida Communications Services Tax Simplification Law is amended or repealed so that a local franchising authority is allowed to impose and collect franchise fees, then 45 days after the effective date of any such statutory amendment or repeal, this Section of the Ordinance will become effective with respect to all Franchise Agreements or at such time as stated in said amendment or repeal of the Florida Communications Services Tax Simplification Law. Unless otherwise provided by law, Franchisee shall collect and remit franchise fees for the entire period following the effective date of the aforementioned change in law, even if some collection and payment must be done in arrears to allow for changes to the billing process. The intent of this Section is to ensure the City is not deprived of any franchise fees to which it would otherwise be entitled following a change in State law. (a) The Franchisee shall pay, as fair compensation for a franchise granted pursuant to this Chapter, and in consideration of permission to use the streets and public ways of the City for the construction, operation, maintenance and reconstruction of a cable system within the City, an annual franchise fee not to exceed the maximum fee permitted by law based upon Franchisee's provision of cable television services within the City. The exact amount of this franchise fee shall be set forth in the Franchise Agreement between the City and Franchisee. Any increase in the franchise fee shall be voted on at a public hearing of the Council following the notice and opportunity for public comment required by law. Franchise fee payments shall be made to the Director of Finance and Administration. (b) Payments due the City under this provision shall be computed quarterly, for the preceding quarter, as of January 1, April 1, July 1 and October 1. Each quarterly payment shall be due and payable no later than 45 days after the relevant computation date. Each payment shall be accompanied by a brief report to the Director of Finance and Administration showing the basis for the computation and such other relevant facts as may be required by the City. (c) No acceptance of a payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall the acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Chapter. All amounts paid shall be subject to audit and re-computation by the City. In the event that re-computation results in additional revenue to be paid to the City, the amount shall be subject to a surcharge, charged for each day for which the payment was delayed, calculated in accordance with the prime rate of interest as published in the Wall Street Journal as of the date of re-computation. (d) Annual revenue statements, acceptable to the Director of Finance and Administration, shall be submitted within 45 days after completion of the Franchisee's year-end close. Unless more detailed information is required by the City, the Franchisee shall (on an annual basis) provide City with a revenue letter certified by Franchisee's senior financial manager verifying revenues generated under the Franchise Agreement. The Franchisee's senior financial manager responsible for financial reporting shall forward the financial data under his or her signature and shall be conversant with the details of the findings. (e) Nothing in this Section shall limit a Franchisee's liability to pay other local taxes of general applicability. Any tax, fee or assessment which is imposed by the City upon any Franchisee or its subscribers solely because of their status as such, shall be treated as a franchise fee. (f) Franchisee shall have the right to designate that portion of a subscriber's bill attributable to the franchise fee as a separate item on the bill and shall have the right to pass through to subscribers the full amount of the franchise fee. (Ord. 2003-188-E, § 1; Ord. 2016-140-E , § 16) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.