Broward County v. BellSouth Telecommunications, Inc.

Broward County appeals from a trial court order declaring Broward County’s Telecommunications Ordinance invalid because it imposes an annual fee on telecommunications companies using- county rights-of-way. The trial court ruled that Broward County lacks the statutory authority given to municipalities to impose the fee. We reverse on the authority of Palm Beach County v. BellSouth Telecommunications, Inc., 819 So.2d 876 (Fla. 4th DCA2002).

Broward County enacted its Telecommunications Ordinance, Ordinance 1999-48 on September 7, 1999, effective September 13, 1999. The ordinance, among other…