Resolution 2004-114
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RESOLUTION NO. 2004- 114
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, OPPOSING ENACTMENT INTO LAW
PROPOSED FLORIDA HOUSE BILL 1237, AND ITS COMPANION BILL,
FLORIDA SENATE BILL 2322, RELATING TO UNJUSTIFIED AND
UNNECESSARY ELIMINATION OF ALL AUTHORITY OF ALL FLORIDA
LOCAL GOVERNMENTS TO CHARGE APPLICATION FEES, TRANSFER
FEES, SITING FEES, RENEW AL FEES AND CLAIMS FOR
REIMBURSEMENT OF THE LOCAL GOVERNMENT'S OUT-OF-POCKET
EXPENSES AGAINST DEALERS OF COMMUNICATIONS SERVICES,
INCLUDING CABLE TELEVISION COMPANIES.
WHEREAS, proposed Florida House Bill 1237 and proposed Senate Bill 2322
prevents all local governments, including Collier County, from charging all of the
following against all dealers of communications services and purchasers of such services,
including cable television companies and applicants for communications towers, including
cell towers: Application Fees, transfer fees, siting fees, renewal fees, and claims for
related costs; and
WHEREAS, Collier County expends substantial staff labor hours to review and
analyze, and not limited to, applications for new cable TV franchises, applications for
renewal of existing cable TV franchises, applications for authority to transfer an existing
franchise, applications for authorization to construct new communications towers and
related facilities, applications to modifY existing towers and related facilities, and from
time-to-time deems it necessary to expend substantial sums of money to retain consultants
with regard to such applications; and
WHEREAS, the subject proposed amendments to Sections 202.19 and 202.24,
Florida Statutes, will require Collier County (and all other local governments) to subsidize
all dealers and purchasers of communications services with regard to all staff labor and all
out-of-pocket costs incurred with regard to all such actions taken; and
WHEREAS, the subject proposed amendments mandate that neither Collier
County, nor any other Florida local government, shall charge any fee or other
consideration for the presence of towers are other related facilities in public roads and
other public rights-of-way; and
WHEREAS, Federal Law (47 United States Code Section 542), Collier County
Ordinance, and existing Cable TV franchises, expressly authorize Collier County to
impose reasonable charges incidental to the awarding or enforcing franchises, including
payments for bonds, security funds, letters of credit, insurance, indemnification, penalties,
or liquidated damages, and
WHEREAS, by way of one example, if Co llier County deems it necessary to
retain an outside consultant to review any such application, Collier County may incur
several thousands of dollars of out-of-pocket costs, none of which can be charged back to
the applicant if the subject Bill becomes law.
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 1237 and its counterpart,
Florida Senate Bill 2322, because these proposed amendments to the Florida
Statutes are unjustified and unwarranted, and will require that Collier County
and all other local governments to subsidize dealers and purchasers of
communications services.
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2. The Board of County Commissioners of Collier County, Florida, requests that
its Local Legislative Delegation advocate that the proposed amendments to the
Florida Statutes not be enacted into law.
mIS RESOLUTION ADOPTED after motion, second and majority vote in
favor of adoptio!1 this _ day of , 2004.
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DWlcUrl'"'E. BROdt CLERK
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B. '.' \' C. . By:
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Approved .as10~nTI\
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Assistant County Attorney
TV COMMISSIONERS
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DONN FIALA, CHAIRMAN
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Reed 7- -