Loading...
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. ,c.Sl\('l"!'" , . ',; .... -'. ,,,.J .......... ~"~'- ,. , ATTBST'- ". "l" '. . ::'..,.. -.:.... .. ~ . '-.J' ' DWIGHr.:E:'~R@~, e::tiERK :".: ~<I'.~~.,~"-" ~,":~\ :':~ (... ~ t '\; ',~! -,( . t.~~ ~, By: BOARD OF COUNTY COMMISSIONERS ::!lIFJ{::rl :.~ FRED W. COYLE, CHAIR N Approved as to form and legal sufficiency: Tho as C. Pa mer, Assistant County Attorney