The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 166
MUNICIPALITIES

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F.S. 166.047

166.047 Telecommunications services.—A telecommunications company that is a municipality or other entity of local government may obtain or hold a certificate required by chapter 364, and the obtaining or holding of said certificate serves a municipal or public purpose under the provision of s. 2(b), Art. VIII of the State Constitution, only if the municipality or other entity of local government:

(1) Separately accounts for the revenues, expenses, property, and source of investment dollars associated with the provision of such services;

(2) Is subject, without exemption, to all local requirements applicable to telecommunications companies; and

(3) Notwithstanding any other provision of law, pays, on its telecommunications facilities used to provide two-way telecommunications services to the public for hire and for which a certificate is required pursuant to chapter 364, ad valorem taxes, or fees in amounts equal thereto, to any taxing jurisdiction in which the municipality or other entity of local government operates. Any entity of local government may pay and impose such ad valorem taxes or fees.

This section does not apply to the provision of telecommunications services for internal operational needs of a municipality or other entity of local government. This section does not apply to the provision of internal information services, including, but not limited to, tax records, engineering records, and property records, by a municipality or other entity of local government to the public for a fee.

History.—s. 2, ch. 97-197.

F.S. 166.047 on Google Scholar

F.S. 166.047 on Casetext

Amendments to 166.047

Arrestable Offenses / Crimes under Fla. Stat. 166.047

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 166.047.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF GAINESVILLE, v. Ed CRAPO,, 953 So. 2d 557 (Fla. Dist. Ct. App. 2007)

. . . trial court’s determination that section 2 of chapter 97-197, Laws of Florida, which created section 166.047 . . . Section 166.047, Florida Statutes (2002), provides in part: A telecommunications company that is a municipality . . .

FLORIDA DEPARTMENT OF REVENUE, v. CITY OF GAINESVILLE,, 918 So. 2d 250 (Fla. 2005)

. . . Section 2 of the 1997 enactment created section 166.047, Florida Statutes (1997), which provides in pertinent . . . part: 166.047 Telecommunications services. — A telecommunications company that is a municipality or . . . 196.012(6), Florida Statutes (1995), to exclude the telecommunications services authorized in section 166.047 . . . Section 166.047(3) invokes the municipal powers provision of the state constitution to mandate ad valorem . . . CONCLUSION For the reasons we have stated, we hold that section 166.047(3), Florida Statutes (1997), . . . Yet, that is precisely the purpose of section 166.047. . . .

DEPARTMENT OF REVENUE, v. CITY OF GAINESVILLE,, 859 So. 2d 595 (Fla. Dist. Ct. App. 2003)

. . . court declared facially unconstitutional section 2 of chapter 97-197, Laws of Florida, creating section 166.047 . . . Section 2 of chapter 97-197, Laws of Florida, created section 166.047, which provides in pertinent part . . . Yet, that is precisely the purpose of section 166.047. . . . Section 166.047(3) mandates that each municipality shall pay "on its telecommunications facilities .. . . . In my judgment, the provisions of chapter 97-197, Laws of Florida, creating section 166.047, Florida . . . In seeking a declaration below that section 166.047 and the amendment to section 196.012(6) facially . . .