Resolution 2006-081
RESOLUTION NO, 2006 - 81
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE AND
FLORIDA'S GOVERNOR TO OPPOSE AND DEFEAT PROPOSED FLORIDA
SENATE BILL 1984 (PROHIBITING REQUIRING ALL CABLE TELEVISION IN-KIND
CONTRIBUTIONS FROM CABLE FRANCHISEES, INCLUDING WITH REGARD TO
PEG CHANNEL FACILITIES) AND DIRECTING THAT THIS RESOLUTION BE
FORWARDED TO COLLIER COUNTY'S LOCAL LEGISLATURE DELEGATION, TO
FLORIDA'S GOVERNOR, AND TO THE FLORIDA ASSOCIATION OF COUNTIES
AND THE FLORIDA LEAGUE OF CITIES
WHEREAS, proposed Florida Senate Bill 1984, mandates that each Florida
county and each and Florida municipality, by franchise agreement or ordinance, shall
not require that any cable provider provide any in-kind contributions or exchanges,
including any network or other contribution, to support the use or construction of public,
educational, or government ("PEG") access facilities; and
WHEREAS, proposed Senate Bill 1984 authorizes cable franchisees to
unilaterally terminate existing cable franchise provisions that require the cable provider
to contribute any in-kind contributions whatsoever, which authorization appears to be
legislation that impairs the obligation of contracts in violation of Florida's Constitution
and of the Constitution of the United States; and
WHEREAS, pursuant to Collier County Ordinance No. 88-90, as amended,
Collier County has granted four (4) cable television franchises, all of which are active
and mutually binding on the respective contracting parties; and
WHEREAS, the County's four (4) cable television franchises require each cable
franchisee to make reasonable in-kind contributions, all of which obligations were freely
agreed to by each of the four (4) Franchisees; and
WHEREAS, it is in the public interest and in the best interests of customers of
cable service providers in Collier County, and throughout Florida, that local
governments retain all of their currently existing authority to require reasonable in-kind
contributions from cable television Franchisees; and
WHEREAS, for each of the above reasons, the Board of County Commissioners
of Collier County, Florida, expresses its opposition to proposed Florida Senate Bill 1984
and urges members of the Florida legislature and Florida's Governor to oppose and
defeat proposed Florida Senate Bill 1984; and
WHEREAS, the Board finds that is in the public interest, and in the interests of
Florida consumers of cable services, to forward this Resolution to all members of Collier
County's local Legislative Delegation, to Florida's Governor, to the Florida Association
of Counties and to the Florida League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTYL FLORIDA, that:
1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby incorporated herein as an integral part of this
Resolution.
2. The Board opposes proposed Florida Senate Bill 1984, and any other
substantially similar Florida Legislation, and urges all members of the Florida legislature
and Florida Governor, Jeb Bush, to oppose and defeat proposed Senate Bill 1984 and
any other similar Florida legislation.
3. County Manager, Jim Mudd, is hereby directed to immediately distribute a
copy of this Resolution to all members of Collier County's local Legislative Delegation),
to Governor Jeb Bush, to the Florida Association of Counties and to the Florida League
of Cities.
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4. This Resolution shall be effective upon is adoption.
ADOPTED by the Board of County Commissioners of Collier County, Florida, this
TJ....
Z$ day of March, 2006.
ATTEST: .
D~~
B: d~
Deputy Clerk
Attest Ii to CM ,,.. ,
s 1 Qn'ature on 1-
Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
OF COLLlER~~ORIDA
By: ~ ~~
Frank Halas, Chairman
By: ~ Om PcVi~
Thomas C. Palmer,
Assistant County Attorney
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