§ 71-76. Fees.

City and each grantee by acceptance of a franchise acknowledge that the State of Florida enacted "An act relating to communications services; creating F.S. ch. 202, the Communications Services Tax Simplification Law" which act preempts the city's ability to impose and collect franchise fees from a grantee at the municipal level. Upon any modification of the laws of the State of Florida subsequent to October 1, 2001, permitting the payment of new or additional sums to a municipality related to the provision of cable services or the use of a municipality's rights-of-way, the city reserves the right to amend and modify this article III and any then existing franchise to impose such additional franchise fees, taxes, rent, or equivalent charges, that a municipality shall then be permitted to charge by law; provided that in the event of a change in Florida law so that a grantee is no longer required to pay the Florida Simplified Communications Tax or similar replacement tax, a grantee shall pay to the city a franchise fee in an amount determined by the city up to the amount established as a maximum franchise fee under state or federal law. In the event that neither state nor federal law establishes a maximum franchise fee that may be charged by the city, each grantee shall pay to the city a franchise fee at the higher of (i) the rate last paid under the Florida Simplified Communications Tax (or successor replacement tax), (ii) five percent of grantee's gross revenues derived from the operation of its system within the city, or (iii) the highest rate paid by grantee to any municipality or county within the central Florida area and shall diligently negotiate with the city thereafter to establish a mutually agreeable franchise fee for the remainder of grantee's franchise. For purposes of this agreement, the central Florida area shall be deemed to include Brevard County, Lake County, Orange County, Osceola County, Seminole County, and Volusia County.

(Ord. No. 02-03, Art. III, 2-28-02)