HomeMy Public PortalAboutRES 07/02RESOLUTION NO. 007 -2
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, EXPRESSING OPPOSITION TO HOUSE BILL
529 KNOWN AS THE "CONSUMER CHOICE ACT OF 2007"
(H529), URGING FLORIDA LEGISLATIVE
REPRESENTATIVES TO REFRAIN FROM ANY FORM OF
SUPPORT OR CO- SPONSORSHIP OF H529 AND TO VOTE
IN OPPOSITION TO H529, REQUESTING GOVERNOR
CRIST TO ADVISE THE HOUSE AND SENATE
LEADERSHIP THAT HE DOES NOT SUPPORT H529 IN
ADVANCE OF THE OPENING OF THE 2007 REGULAR
SESSION, AND DIRECTING THAT THIS RESOLUTION BE
FORWARDED TO FLORIDA GOVERNOR CRIST, THE PALM
BEACH COUNTY LEGISLATIVE DELEGATION, THE
MAYOR OF EACH MUNICIPALITY IN PALM BEACH
COUNTY, THE LEADERSHIP OF THE PALM BEACH
COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE
FLORIDA LEAGUE OF CITIES, AND EACH MEMBER OF
THE PALM BEACH COUNTY BOARD OF COUNTY
COMMISSIONERS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 23, 2007, Florida House Representative Anthony Traviesa
introduced the Consumer Choice Act of 2007 (H529); and
WHEREAS, the bill prohibits municipalities and counties from negotiating terms and
conditions from cable and video service providers wishing to do business within the local
governments' jurisdiction in the future; and
WHEREAS, the bill deletes authorization for municipalities and counties to award
cable service franchises and restrictions that require cable service companies not to operate
without such franchise; and
WHEREAS, the bill designates the Florida Department of State as the authorizing
authority for state -wide franchising of cable and video service providers, but prohibits the
Department from imposing build out, construction, and deployment requirements on cable
and video certificate holders; and
WHEREAS, the bill requires the Department of Agriculture and Consumer Services to
receive all customer service complaints thereby eliminating citizen ability to seek remedy of
complaints via their local government; and
WHEREAS, the bill establishes requirements and limitations on municipalities and
counties relating to access to public right -of -way; and
WHEREAS, the bill prohibits municipalities and counties from imposing any additional
requirements on cable and video certificate holders; and
WHEREAS, the bill would deprive municipalities and counties of the authority to
establish and maintain government owned and operated networks, known as institutional
networks, that may be utilized by first responders and other government officials in the
day -to -day management of local government business; and
WHEREAS, the bill would potentially reduce the amount of capacity which may be
required by local governments to meet their public, educational, and government "PEG"
access needs, while stripping local government of the ability to obtain capital support for
the use of PEG capacity with the result that the communities' cable - related needs and
interests may not be met; and
WHEREAS, the bill would deprive local citizens of the ability to address local issues
locally, by removing to the state all customer service issues; and
WHEREAS, the bill would ultimately preempt all local authority over the provision of
cable and video services within the community, including the ability of the local
government to provide appropriate oversight to entities conducting business within their
jurisdiction and in the local public rights -of -way; and
WHEREAS, for these reasons, the Town Commission finds that it should oppose
H529 and urges Florida Governor Crist, the Palm Beach County Legislative Delegation, the
mayor of each municipality in Palm Beach County, the leadership of the Palm Beach County
League of Cities, the leadership of the Florida League of Cities, and each member of the
Palm Beach County Board of County Commissioners to oppose H529; and
WHEREAS, the Town Commission finds that this resolution should be forwarded to
Florida Governor Crist, the Palm Beach County Legislative Delegation, the mayor of each
municipality in Palm Beach County, the leadership of the Palm Beach County League of
Cities, the leadership of the Florida League of Cities, and each member of the Palm Beach
County Board of County Commissioners.
NOW, THEREFORE, BE IT RESOLVED by the Town Commission of the Town of Gulf
Stream, Palm Beach County, Florida, as follows:
Section 1: The foregoing recitals are hereby ratified and confirmed.
Section 2: For the reasons stated herein above, the Town Commission of the
Town of Gulf Stream, Palm Beach County, Florida, declares its opposition to H529
and urges Florida Governor Crist, the Palm Beach County Legislative Delegation, the
mayor of each municipality in Palm Beach County, the leadership of the Palm Beach
County League of Cities, the leadership of the Florida League of Cities, and each
member of the Palm Beach County Board of County Commissioners to oppose H529.
Section 3: The Town Commission requests Governor Crist to strongly consider
advising the leadership of the House and Senate prior to the opening
of the 2007 Regular Session that he does not support H529.
Section 4: The Town Commission hereby directs that this resolution be
forwarded immediately to Florida Governor Crist, the Palm Beach
County Legislative Delegation, the mayor of each municipality in Palm
Beach County, the leadership of the Palm Beach County League of
Cities, the leadership of the Florida League of Cities, and each
member of the Palm Beach County Board of County Commissioners.
Section 5: This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED in regular, adjourned session of the Town Commission of
the T w ullff ,Str am assembled this 9th day of February, 2007.
MAYOR
ATTEST: TO7 COMMISSION
TOWN CLERK