Resolution 2005-131
RESOLUTION NO. 2005 "_131
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
OPPOSING ENACTMENT INTO LAW 01<' SPECIFIED CLAUSES
IN I)ROI'OSEI) FLORIDA HOUSE HILL 1325 IMPOSING
UNREASONABLE ANI) UNJUSTIFIED OBLIGATIONS AND
LIMITATIONS UPON GOVERNMENT AUTHORITIES
REGARDING CABLE SERVICES, TELECOMMUNICATIONS
SERVICES, WATER SERVICES AND W ASTEW A TER SERVICES
WHEREAS, with rel!:ard to cable services and telecommunication services,
proposed House Bill 1325 defines "omitted service" as a "covered service" that a
"governmental authority" ("GA") (including all Florida counties) determines is desired by
the GA's residents and the omitted service is not being provided by any private provider
of the "covered service" and
WHEREAS, this proposed Bill defines "covered service" to include any cable
service or telecommunications service construed in the broadest sense; and
WHEREAS, this proposed Bill specifies (except in Grandfathered instances) that
no GA shall provide any such omitted service unless the GA provides written notice -
describing such "omitted services" - to all "dealers of communications services" then
registered under Chapter 202, Florida Statutes, with the Florida Department of Revenue -
even if the noticed dealer is not providing the "omitted service" anywhere within any
reasonable geographic proximity to the GA providing notice; and
WHEREAS, this proposed Bill prevents each GA from providing its desired
omitted service if any "provider" commences to "provide" the noticed omitted service (or
substantially similar service) within 240 days of the date of such written notice, but the
proposed Bill defines "provide" as merely "offering" to supply the omitted service;
therefore the "provider" could prevent supply of the service by the GA simply by
"offering" the service within 240 days of the GA's notice, and actual supplying the
service could commence several years thereafter; and
WHEREAS, proposed House Bill 1325 prevents each GA from providing its
desired omitted service unless the GA retains a "feasibility consultant" and the retained
consultant provides a feasibility study that indicates the GA's contemplated provision of
the omitted service is feasible; and
WHEREAS, this proposed Bill requires that the GA hold an election of the voters
before it can provide the omitted service; and
WHEREAS, this proposed Bill prohibits each GA from paying for related bonds
including costs of origination, financing, and other costs associated with such bonds from
the GA's general funds or other enterprise fund; and
WHEREAS, with rel!:ard to water and wastewater services. proposed House
Bill 1325 specifies that if a governmental authority (uGA") acquires any tax-paying entity
that is providing water service or wastewater service, the GA must continue to pay the
applicable taxes levied upon the acquired entity; and
WHEREAS, in all decisions concerning governmental authority relating to the
acauisition of. or contracting with covered services. water services. and wastewater
services, the Florida Public Service Commission shall rule in favor of the tax-paying
entity.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners of Collier County, Florida opposes
enactment into law of proposed Florida House Bill 1325 because, with regard
to so-called "omitted services" it imposes unreasonable and unjustified
obligations to provide notice, retain a "feasibility consultant," be controlled by
the consultant's "feasibility study," conduct an election, and be severely
limited regarding issuing related bonds.
2. The Board of County Commissioners of Collier County, Florida opposes
enactment into law of proposed Florida House Bill 1325 because, with regard
to water and wastewater services the GA following the acquisition must
continue to pav the applicable taxes levied upon the acquired entitv; and
3. The Board of County Commissioners of Collier County, Florida opposes
enactment into law of proposed Florida House Bill 1325 because, with regard
to contracting with or acquisition of all of the "covered services" as well as
water service and wastewater service, the Florida Public Service
Commission is mandated to RULE IN FAVOR OF THE TAX-PAYING
ENTITY.
4. The Board of County Commissioners of Collier County, Florida, requests that
its Local Legislative Delegation advocate that the proposed Bill not be enacted
into law unless and until the County's concerns, as expressed herein, are cured
by amendments to proposed House Bill 1325, and similar legislation,
including, as applicable, proposed Senate Bill 2072 and proposed Senate Bill
1714.
THIS RESOLUT~O~ ADOPT~ after 4otion, second and majority vote in
favor of adoption this q~ ";day of 7 d {,I ,2005.
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DWIGHr.:E:'~R@~, e::tiERK
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By:
BOARD OF COUNTY COMMISSIONERS
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FRED W. COYLE, CHAIR N
Approved as to form
and legal sufficiency:
Tho as C. Pa mer,
Assistant County Attorney