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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~