§ 1-10-206. Franchise fees.

(a)

A franchised cable operator shall pay to the county a periodic franchise fee which shall be five (5) percent of the affected franchised cable operator's gross revenue, which may be passed through to subscribers.

(b)

Consistent with the Cable Act, franchised cable operators shall pass through to subscribers the amount of any decrease in franchise fee. A franchised cable operator shall file with the board/franchising authority, within forty-five (45) days after the expiration of each of the franchised cable operator's fiscal quarters, a detailed gross revenue statement clearly showing the franchise fee due for the preceding quarter together with the bases of the calculations thereof. Such statement shall be certified by a certified public accountant or by an officer of the franchised cable operator who attests to the accuracy, completeness, and veracity of the revenue figures. Such statement shall be in the form and format agreed to by the board/franchising authority and the franchised cable operator. In addition to the quarterly gross revenue statement, a franchised cable operator shall file with the board/franchising authority, within ninety (90) days after the expiration of the franchised cable operator's fiscal year, an annual independent audit or certified statement of gross revenue for the franchised cable operator's preceding fiscal year.

(d)

Payment of the quarterly portion of the franchise fee shall be rendered to the board/franchising authority at the time the quarterly financial and revenue statement is filed. Interest at the Florida statutory interest rate shall apply to payments received after the due date.

(e)

In the event that payment is not made by the due date, then such franchised cable operator may be declared in default of the franchise, and should the amount owed remain unpaid for an additional sixty (60) days without the franchised cable operator taking steps to contest the amount of the franchise fee (including placing the disputed amount in an escrow account), then the board/franchising authority may take whatever steps and procedures are permitted under this article in order to enforce its legal rights including pursuing revocation, termination, or cancellation of the franchised cable operator's franchise.

(f)

The board/franchising authority reserves the right to audit a franchised cable operator's books, if the board/franchising authority deems it necessary. If such audit proves an underpayment of franchise fees of greater than three (3) percent of the actual amount owed, then the board/franchising authority may require the franchised cable operator to reimburse the county for the actual cost of the audit, except that such reimbursement shall be required no more often than every two (2) years. It is specifically understood that the right of audit and recomputation of any and all amounts paid under a franchise fee shall always be accorded to the board/franchising authority.

(g)

If an audit or other research discovers that franchise fees have been underpaid, then the board/franchising authority may seek full recovery of the underpaid fees, plus interest, at the State of Florida statutory interest rate.

(h)

No acceptance or any payment shall be construed as a release of, or an accord or satisfaction of, any claim that the county might have for further or additional sums payable under the terms and provisions of this article, or for any other performance or obligation of a franchised cable operator hereunder.

(i)

Franchise fee payments made by a franchised cable operator to the county pursuant to the provisions of this article shall be considered in addition to, and exclusive of (to the extent permitted by federal and state law), any and all authorized taxes, business license fees, or other fees, levies, or assessments presently in effect or subsequently adopted.

(Ord. No. 97-023, § 1, 4-22-97)