99-23133 RESO
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RESOLUTION NO. 99-23133
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SUPPORTING
A CLARIFICATION OF OR AMENDMENT TO SENATE
BILL 1704.
WHEREAS, the City presently permits more than two hundred pay telephones to occupy
public rights-of-way within the City; and
WHEREAS, the City presently charges those pay telephone providers a permit fee for the
use of those rights-of-way; and
WHEREAS, the majority of those pay telephone providers presently occupying the rights-
of-way have refused to pay the permit fee based upon their position that Senate Bill 1704 which
amended Fla. Stat. S337.401 prohibits the City's permit fee because it is in excess of a one percent
cap articulated in the Senate Bill;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami Beach City
Commission supports a clarification of Senate Bill 1704 providing that pay telephone providers are
not subject to the one percent cap for their use of public rights-of-way or, an amendment to Senate
Bill 1704 which specifically excludes pay telephone providers from the one percent cap for their use
of the public rights-of -way.
PASSED and ADOPTED this 14th day of April
,1999.
ATTEST:
lIJ
MAYOR
~( PCU~
CITY CLERK
APPROVED AS 10
FORM & lANGUAGE
& FOR EXECUTION
11I~ ~
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CITY OF MIAMI BEACH
OFFICE OF THE MAYOR & COMMISSION
MEMORANDUM
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TO:
SERGIO RODRIGUEZ
CITY MANAGER
NANCY LIEBMAN m ,
COMMISSIONER W
FROM:
DATE:
MARCH 9, 1999
RE:
PAY TELEPHONE STATE STATUTES AMENDMENT
Please place the attached resolution on the March 17th Agenda to support an amendment to exempt
pay phones from current state statutes which limits municipalities to a I % fee cap charged to
telecommunication companies.
NL/ml
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Agenda Item R l ;5'
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