HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-0401
Temp. Reso. # 11157
March 26, 2007
Page # 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007--_4a
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, EXPRESSING THE CITY'S
OPPOSITION TO HOUSE BILL 529 KNOWN AS THE
"CONSUMER CHOICE ACT OF 2007" (HB 529) AND
OPPOSITION TO HOUSE BILL 0855 AND THE
COMPANION SENATE BILL 1772, TOGETHER KNOWN
AS THE "CONSUMER BROADBAND CHOICE ACT OF
2007"; URGING THE FLORIDA LEGISLATIVE
REPRESENTATIVES TO REFRAIN FROM ANY FORM OF
SUPPORT FOR THESE BILLS AND TO VOTE IN
OPPOSITION TO THEM; REQUESTING THAT
GOVERNOR CRIST ADVISE THE HOUSE AND SENATE
LEADERSHIP THAT HE DOES NOT SUPPORT HB 529,
HB 0855, AND S61772; DIRECTING THE CITY CLERK TO
PROVIDE A CERTIFIED COPY OF THIS RESOLUTION TO
FLORIDA GOVERNOR CRIST, SPEAKER OF THE
FLORIDA HOUSE OF REPRESENTATIVES, PRESIDENT
OF THE FLORIDA SENATE, THE BROWARD COUNTY
LEGISLATIVE DELEGATION, AND ALL OTHER
INTERESTED PARTIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on January 23, 2007, Florida House of Representative Anthony
Traviesa introduced the "Consumer Choice Act of 2007" (HB 529); and
WHEREAS, on February 14, 2007, Florida House Representative Rene
Garcia introduced HB 0855, and on February 20, 2007, Florida Senator Mike
Fasano introduced SB 1772, collectively known as the "Consumer Broadband
Choice Act of 2007;" and
Temp. Reso. # 11157
March 26, 2007
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WHEREAS, the bills prohibit 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 bills delete authorization for municipalities and counties to
award cable service franchises and restrictions that require cable service companies
not to operate without such franchises; and
WHEREAS, the bills designate the Florida Department of State as the
authorizing authority for statewide 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 bills require the Department of Agriculture and Consumer
Services to receive all customer service complaints thereby eliminating citizens'
ability to seek remedy to complaints via their local government; and
WHEREAS, the bills establish limitations and requirements on municipalities
and counties relating to access to public right-of-way; and
WHEREAS, the bills prohibit municipalities and counties from imposing any
additional requirements on cable and video certificate holders;
WHEREAS, the bills would deprive local citizens of the ability to address local
issues locally, by removing to the state all customer service issues; and
WHEREAS, the bills 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 right-of-way; and
Temp. Reso. # 11157
March 26, 2007
Page # 3
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to
be in the best interest of the citizens and residents of the City of Tamarac to
preserve all local authority over the provision of cable and video services within the
community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this
Resolution.
SECTION 2:
The City Commission
of the City
of Tamarac hereby
opposes HB 529, HB
0855, and SB 1772 and
urges Florida
Governor Crist, the
Broward Legislative Delegation, the mayor of each municipality in Broward County,
the Broward League of Cities, the Florida League of Cities, and each member of the
Broward County Board of County Commissioners to oppose HB 529, HB 0855, and
164 SOR VA Fri
SECTIONm3: The City of Tamarac hereby requests Governor Crist to
advise leadership of the Florida House and Senate that he does not support HB 529,
HB 0855, and SB 1772.
SECTION 4: The City Clerk is hereby directed to provide a certified
copy of this Resolution to Florida Governor Crist, Speaker of the Florida House of
Representatives, President of the Florida Senate, the Broward County Legislative
Delegation, and other interested parties.
Temp. Reso. # 11157
March 26, 2007
Page # 4
SECTION 5: All resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 7: This Resolution shall become effective immediately upon
its passage and adoption.
PASSED, ADOPTED AND APPROVED this 1 [4� day of Apr< 1 2007.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
�VDY, AMUELS.GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: V/M SI ILTANOF
DIST 4: COMM. DRESSLER
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