Agenda 04/17/2001 WNOTICE OF BOARD OF COUNTY COMMISSIONERS
INFORMATIONAL WORKSHOP
Tuesday, April 17, 2001
9:00 A.M.
Notice is hereby given that the Collier County Board of County Commissioners
will hold an informational workshop on TUESDAY, APRIL 17, 2001, at 9:00 A.M. in
the Board Meeting Room, Third Floor, Harmon Turner Building (Administration) at the
Collier Cotmty Government Complex, 3301 East Tamiami Trail, Naples, Florida. The
Board's informational topic(s) will include, but may not be limited to, an overview of the
following subjects:
Wetlands
Listed Species and Associated Habitats
Resource Protection Strategies
Preliminary Findings/Recommendations for the Rural Fringe
The meeting is open to the public.
Any person who decides to appeal a decision of this Board will need a record of
the proceedings pertaining thereto, and therefore may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimon~¢ and evidence
upon which the appeal is to be based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
James D. Carter, Ph.D., Chairman
DWIGHT E. BROCK, CLERK
By:/s/Maureen Kenyon
Deputy Clerk
Memorandum
To:
Through:
From:
Date:
Subject:
Thomas W. Olliff, County Manager
John M. Dunnuck III, Interim Admir
Environmental Services Division
D. E. "Bleu" Wallace, Director 2
April 16, 2001
trator, Community Development and
Add-on Item to Follow April 17, 2001 Natural Resources Workshop:
Presentation of Update Status Report by Matthew Leibowitz, Retained
Special Counsel, Regarding Lobbying Efforts on Florida's Communication
Services Tax Simplification Act
Staffrecommends that the Board allow this add-on item to follow the Natural Resources
Workshop, scheduled for April 17, 2001. The presentation is not expected to exceed thirty
minutes.
In view of next week's trip to Tallahassee, planned by Commissioners Carter and Coletta, and as
the 2001 Legislative Session nears its close, it is appropriate for the Board to receive an update
from Special Counsel Matthew Leibowitz regarding his lobbying efforts to have Collier County's
issues with the Tax Simplification legislation acknowledged and addressed by the House and
Senate Committees.
Request the attached Executive Summary' and "Issues of Concern" paper forwarded to the Board.
Staff point of contact for this action is Bleu Wallace at 403-2302.
Utility and Franchise Regulation Department
Community Development and Environmental Services Division
EXECUTIVE SUMMARY
PRESENTATION OF UPDATE STATUS REPORT BY MATTHEW LEIBOWITZ,
RETAINED SPECIAL COUNSEL, REGARDING LOBBYING EFFORTS ON
FLORIDA'S COMMUNICATION SERVICES TAX SIMPLIFICATION ACT
OBJECTIVE: To update the Board regarding the status of Tax Simplification
legislation being considered during the 2001 Florida Legislative Session.
CONSIDERATIONS: During Florida's 2000 Legislative Session, the Florida
Legislature passed the original Telecommunications Tax Simplification Act with
amendments and additions contemplated during the 2001 Legislative Session.
In June 2000, the Board authorized the County Attorney to retain outside special counsel
to render an opinion as to the feasibility of challenging the Act.
In September 2000, special counsel, Becker & Poliakoff, submitted its Memorandum of
Law to the Board that concluded that the County's issues had a likelihood of success if
the Act was not amended to eliminate unconstitutional infirmities.
In October 2000, the Board authorized the County Attorney to retain another outside
special counsel to possibly file a lawsuit in Federal Court, challenging Florida's
Communications Services Tax Simplification Act. The County Attorney retained the
services of Leibowitz & Associates, a Miami law firm well versed in telecommunications
law, to handle the litigation.
In December 2000, the Board expanded the Leibowitz and Associates scope of services
to include lobbying the 2001 Legislature to assert the County's concerns and to try to
have the Act amended.
The attached paper entitled "Collier County Issues of Concern" was utilized to brief
legislators and legislative committees regarding the County's issues and concems.
FISCAL IMPACT: There is no fiscal impact regarding this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
regarding this action.
RECOMMENDATION: That the Board listen to an update presentation by Matthew
Leibowitz at the close of the Natural Resources Workshop, scheduled for 9:00 a.m. to
noon, April 17, 2001.
SUBMITTED BY:
REVIEWED BY:
APPROVED BY:
D. E. "Bleu" Wallace, Director
Utility and Franchise Regulation
Thomas C. Palmer
Assistant County Attorney
Date: ¢'/~' d) /
Date:
mmn M.'riunnuck III, Interim Administrator
unity Development and Environmental Services Division
COLLIER COUNTY
ISSUES OF CONCERN
INVOLVING NEW TAX SIMPLIFICATION LAW
While, there is no question that the objective of a simplified tax scheme represents good
public policy, there are specific provisions in the Legislation which we believe are substantially
adverse to the interests of the local jurisdictions.
Revenue Protection. It is our belief that local jurisdiction will suffer substantial revenue
loss under the new tax. These losses will come from a number of areas, including, but not limited
to the following:
(a)
Hold Harmless.
New law does not require revenue neutrality.
* "Hold harmless" figures are based upon 1999
revenues only.
Emergency Authority included in the legislation is inadequate.
* It can only be used in the first year.
* The mechanism requires the local government to
vote on the tax increase.
Cb)
Tax Base.
The tax base fails to include certain providers including those that pass through a
local jurisdiction without providing any local services.
(c)
1.
Revenue Growth.
The Legislation eliminates certain elements from the revenue base subject to
the tax including, but not limited to, cable internet service, cable advertising
and cable home shopping. Thus, local jurisdictions will lose substantial
future revenues. Many local government are presently entitled to receive five
(5) percent of all such revenue streams pursuant to negotiated contract
provisions in their existing cable franchise agreements.
(d)
1.
Auditing.
Local jurisdictions lose the right to audit under the Legislation.
Historically, local jurisdictions have been able to recOver substantial monies
as a result of audits or even the threat of an audit. Many local governments
are presently entitled to audit cable television providers pursuant to contract
provisions in their existing, negotiated, cable franchise agreements.
Minimum auditing thresholds at ~the state level may far exceed local auditing
thresholds.
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COLLIER COUNTY
ISSUES OF CONCERN
March 20, 2001
Pa~e 2
Regulatory Authority. The Legislation substantially impairs local jurisdictions'
management of their fights-of-way in numerous ways, including but not limited, to the
following:
(a)
Right of Access.
The Legislation essentially creates a fight of access to the public's
fight-of-way by all communications providers, including: (1)
Telephone, (2) Cable and (3) Wireless providers.
(b)
Wireless Zoning.
The wireless industry has already asserted a right to attach to light
poles, utility poles and other structures in the fight-of-way, "wireless
facilities", i.e. antennas, extending up to 20 feet above the highest
point of the structure without regard to applicable local rules,
regulations or ordinances. In addition, it has been suggested that
towers in the fight-of-way may also be exempt from such local
restrictions.
(c)
Loss of Franchise Agreements.
The Legislation presently denies local franchising authorities from
requiring local franchises for telephone and cable operations.
Cable. If the local jurisdictions lose their franchising fights as
provided under Federal law, it will likely lose the ability to negotiate
for access channels, equipment, services to public and municipal
buildings and public schools, as well as many other benefits and
protections currently obtained through the franchising process.
COLLIER COUNTY POINTS OF CONTACT:
Mr. D.E. "Bleu" Wallace, Director, Utility & Franchise Regulation (941) 403-2302
Mr. Doug Essman, Cable Franchise Coordinator (941) 403-2302
Mr. Thomas C. Palmer, Assistant County Attorney (941) 774-8400
Mr. Matthew L. Leibowitz, Special Counsel (305) 530-1322
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