HomeMy WebLinkAbout2001 07 09 Consent E Resolution 2001-28 Local Communication Services Tax
COMMISSION AGENDA
ITEM E
Consent
Informational
Public Hearin
Re ular
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T1l1y Q, ?001
Meeting
Mgr./ Att. / Dept.
Authorization
REQUEST: The Finance Department requests that the City Commission approve
Resolution 2001-28 Relating to the Designation of the City Manager
to Receive and Review Confidential Information Concerning the
Local Communication Services Tax.
PURPOSE: The purpose of this Resolution is to designate the City Manager as the
individual at the City of Winter Springs who will receive, review and disseminate
to appropriate staff confidential information concerning the Local Communication
Services Tax as required by the Department of Revenue.
APPLICABLE LAW AND PUBLIC POLICY: Section 1,2001-139, General Laws of
Florida, Florida Statutes.
CONSIDERATIONS: The new laws surrounding the Communication Services Tax
require that we designate in writing to the Department of Revenue the person
requiring access to confidential taxpayer information relating to revenues received
by the City from the new tax.
STAFF RECOMMENDATION: The Finance Department recommends approval of
Resolution 2001-28 relating to the designation of the City Manager to receive and
review confidential information concerning the Local Communication Services
Tax.
ATTACHMENTS: Resolution # 2001-28
COMMISSION ACTION:
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RESOLUTION NO. 2001-28
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO DESIGNATION OF THE CITY
MANAGER TO RECEIVE AND REVIEW CONFIDENTIAL
INFORMATION CONCERNING THE LOCAL
COMMUNICATIONS SERVICE TAX; PROVIDING FOR
SHARING THIS INFORMATION; REQUIRING THAT
THIS INFORMATION REMAIN CONFIDENTIAL;
PROVIDING FOR NOTICE TO THE FLORIDA
DEPARTMENT OF REVENUE; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, chapter 2000-260, Laws of Florida, as amended by chapter 2001-140,
Laws of Florida, together known as the "Communications Services Tax Simplification Act" (the
"Act") and
, ,
WHEREAS, The Act imposes a tax on the sales of communications services within the
State of Florida, and,
WHEREAS, The Act requires the sellers of communications services within the State of
Florida to provide reports of gross sales and other infornlation relating to the sale of
communications services within the State of Florida to the Florida Department of Revenue, and,
WHEREAS, chapter 2001-139, General Laws of Florida, amends section 213.053,
Florida Statutes, authorizing the Florida Department of Revenue to share this taxpayer
information with local governments within the State of Florida, and,
WHEREAS, chapter 2001-139, General Laws of Florida, amends section 213.053,
Florida Statutes, making such taxpayer information so provided to the Florida Department of
Revenue by sellers of communications services confidential and exempt from Florida's public
records laws, and,
WHEREAS, chapter 2001-139, General Laws of Florida, amends section 213.053,
Florida Statutes, extending this confidential status to such the information shared by the Florida
Department of Revenue with local governments within the State of Florida, and,
City of Winter Springs
Resolution 2001-28
Page 1 of3
WHEREAS, chapter 2001-139, General Laws of Florida, amends section 213.053,
Florida Statutes, authorizing local governments to designate a person as requiring access to this
confidential taxpayer information,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WINTER SPRINGS,
FLORIDA AS FOLLOWS:
Section 1. Intent. It is the intent of the City of Winter Springs, Florida, pursuant to
section 1, 2001-139, General Laws of Florida (amending section 213.053(7), Florida Statutes
(2000)), to designate a person requiring access to confidential taxpayer information relating to
revenues received by the City from the local communications services tax imposed under section
202.19, Florida Statutes, as amended.
Section 2. Designation of City Manager. The City of Winter Springs, Florida, pursuant
to section 1,2001-139, General Laws of Florida (amending section 213.053(7), Florida Statutes
(2000)), does hereby designate the City Manager as a person requiring access to confidential
taxpayer information relating to revenues received by the City from the local communications
services tax imposed under section 202.19, Florida Statutes, as amended.
Section 3. Sharing of Confidential Information. The City of Winter Springs, Florida
pursuant to section 1,2001-139, General Laws of Florida (amending section 213.053(7), Florida
Statutes (2000)), does hereby authorize the City Manager to disclose this confidential
information with others so long as these other persons have direct responsibility for budget
preparation, auditing, revenue or financial administration, or legal counsel.
Section 4. Continued Confidentiality. The City of Winter Springs, Florida does hereby
declare that any confidential taxpayer information received from the Florida Department of
Revenue by the City Manager, and any such information shared by the City Manager with other
persons shall remain confidential pursuant to and subject to section 1, 2001-139, General Laws
of Florida (amending section 213.053(7), Florida Statutes (2000)).
Section 5. Notice to the Florida Department of Revenue. The City of Winter Springs,
Florida, directs that written notice of the designation of the City Manager, as stated above, be
provided to the Florida Department of Revenue.
Section 6. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City of Winter Springs, Florida, or parts of resolutions in conflict herewith, are
hereby repealed to the extent of the conflict.
City of Winter Springs
Resolution 2001-28
Page 2 of3
Section 7. Severability. The provisions of this Resolution are declared to be severable
and if any section, sentence, clause or phase of this Resolution shall, for any reason, be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Resolution but shall remain in effect, it being the
legislative intent that this Resolution shall stand notwithstanding the invalidity of any part.
Section 8. Effective Date. The effective date of this Resolution shall be immediately
upon its passage.
PASSED AND ADOPTED this _ day of
,2001.
CITY OF WINTER SPRINGS, FLORIDA
By:
Paul P. Partyka, Mayor
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Designation to CM re cornmunications Service Tax,kj
City of Winter Springs
Resolution 2001-28
Page 3 of3