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DEPARTMENT OF REVENUE v. GTE MOBILNET

No. 98-00727.

727 So.2d 1125 (1999)

DEPARTMENT OF REVENUE OF the STATE of Florida, a State agency, Appellant, v. GTE MOBILNET OF TAMPA INCORPORATED, a Delaware corporation, Appellee.

District Court of Appeal of Florida, Second District.

March 17, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General and Jarrell L. Murchison, Assistant Attorney General, Tallahassee, for Appellant.

H. Michael Madsen of Vickers, Madsen & Goldman, LLP, Tallahassee, for Appellee.

Robert V. Williams of Williams, Reed, Weinstein, Schifino & Mangione, P.A., Tampa, for Amicus Curiae, The City of Tampa.

CAMPBELL, Acting Chief Judge.

Appellant, Department of Revenue of the State of Florida (Department), challenges the final summary judgment in favor of appellee, GTE Mobilnet (GTE). The trial judge held that GTE's separately stated charges for its customer optional "detailed billing" service are not subject to the gross receipts tax imposed by chapter 203, Florida Statutes (1991). The trial judge also ordered a refund to GTE of the gross receipts tax GTE had paid on...

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