PALM BEACH COUNTY v. BELLSOUTH TELECOMMUNICATIONS, INC.

No. 4D01-1574.

819 So.2d 876 (2002)

PALM BEACH COUNTY, Florida, Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 8, 2002.


Attorney(s) appearing for the Case

Leonard Berger, Assistant County Attorney, West Palm Beach, for appellant.

John R. Hargrove of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, and Dorian S. Denburg of Bellsouth Telcommunications, Inc., Atlanta, Georgia, for appellee.


MAY, J.

When is a charter county like a municipality? The answer is: when it assesses a fee, pursuant to section 337.401(3), Florida Statutes (1999). We therefore reverse the summary judgment in favor of BellSouth Telecommunications, Inc.

Palm Beach County is a charter county. On February 15, 2000, it adopted Ordinance 2000-009, which provides:

In connection with a Local Service Provider's occupancy and use of certain Public Right Of Way, the Local...

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