Resolution 2000-411
16A19
RESOLUTION NO. 2000- --tl..l
A RESOLUTION OF COLLIER COUNTY, FLORIDA, OPPOSING
FLORIDA'S SO-CALLED COMMUNICATION SERVICES TAX
SIMPLIFICATION ACT AND ALL FUTURE AMENDMENTS
THERETO THAT ARE NOT IN THE INTERESTS OF COLLIER
COUNTY
WHEREAS, on July I, 2000, Florida's Communication Services Tax
Simplification Act (ACT) became effective without the Governor's signature; and
WHEREAS, analysis of the ACT by the County Attorney's Office and an
opinion from the County's outside legal counsel, Becker & Poliakoft: P.A., question the
constitutionality of the ACT, including unconstitutional impairment of the County's cable
television franchise agreements, Federal preemption, and unlawful delegation of
authority; and
WHEREAS, on October 24, 2000, the Board of County Commissioners
unanimously voiced its opposition to the ACT by authorizing the County Attorney to
retain outside legal counsel to file a lawsuit in Federal Court to challenge the ACT.
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 believes that
Florida's Communications Services Tax Simplification Act (ACT) does not
promote the best interests of Collier County, nor the best interests of
customers oftelecommunications companies, and is otherwise not in the
public interest, wherefore the Board opposes the ACT and opposes all future
amendments to the ACT Session except amendments that will recognize, and
be subject to, all provisions in each ofthe County's existing cable television
franchise agreements, will authorize all Florida cities and counties to continue
to enter into future cable television franchise agreements, and will grant to
cities and counties their former authority with regard to public rights-of-way.
2. The Board of County Commissioners of Collier County, Florida, requests that
its Local Legislative Delegation advocate that the ACT be amended to
accomplish the results specified in paragraph 2, above, or, in the alternative,
advocate that the ACT become a nullity by inaction of the Legislature.
THIS RESOLUTION ADOPTED after motion, second and majority vote in
favor of adoption this ~ day of .." 01)0'. , 2000.
. 'A'ITBST:
'IlW'tGffr E. BROCK, CLERK
2~5~:[:P~~1 b#.~
,'.' 01;':- Deputy Clerk
Att.~t as to ChafMlln's
sf9"atur~ onl,.
Approved as to form
and legal sufficiency:
l ()'^"- ~ J~
Thomas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
::LllERC~