R07-036
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1 RESOLUTION NO. R07- 0'2/0
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, EXPRESSING OPPOSITION TO HOUSE
5 BILL 529 KNOWN AS THE "CONSUMER CHOICE ACT OF 2007"
6 (H529), URGING FLORIDA LEGISLATIVE REPRESENTATIVES
7 TO REFRAIN FROM ANY FORM OF SUPPORT OR CO-
8 SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO
9 H529, REQUESTING GOVERNOR CRIST TO ADVISE THE
10 HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT
11 SUPPORT H529 DURING THE 2007 REGULAR SESSION AND
12 DIRECTING THAT THIS RESOLUTION BE FORWARDED TO
13 FLORIDA GOVERNOR CRIST, THE PALM BEACH COUNTY
14 LEGISLATIVE DELEGATION, THE MAYOR OF EACH
15 MUNICIPALITY IN PALM BEACH COUNTY, THE
16 LEADERSHIP OF THE PALM BEACH COUNTY LEAGUE OF
17 CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF
18 CITIES AND EACH MEMBER OF THE PALM BEACH COUNTY
19 BOARD OF COUNTY COMMISSIONERS; PROVIDING AN
20 EFFECTIVE DATE.
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23 WHEREAS, on January 23, 2007, Florida House Representative Anthony Traviesa
24 introduced the Consumer Choice Act of 2007 (H529); and
25 WHEREAS, the bill prohibits municipalities and counties from negotiating terms and
26 conditions from cable and video service providers wishing to do business within the local
27 governments' jurisdiction in the future; and
28 WHEREAS, the bill deletes authorization for municipalities and counties to award cable
29 service franchises and restrictions that require cable service companies not to operate without
30 such franchise; and
31 WHEREAS, the bill designates the Florida Department of State as the authorizing
32 authority for state-wise franchising of cable and video service providers, but prohibits the
33 Department from imposing build out, construction, and deployment requirements on cable and
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S:\CA\RESO\Opposition to HB 529.doc
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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 ofthe 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 ofthe local government to
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S:\CA\RESOIOpposition to HB 529.doc
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provide appropriate oversight to entities conducting business within their jurisdiction and in the
local public rights-of-way; and
WHEREAS, for these reasons, the City Commission ofthe City of Boynton Beach 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 City Commission ofthe City of Boynton Beach finds taht 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 ofthe 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 CITY COMMISSION OF THE
CITY OF BOYNTON BEACH AS FOLLOWS:
Section 1:
The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2:
For the reasons stated hereinabove, the City Commission of the City of
18 Boynton Beach, Palm Beach County, Florida declares its opposition to H529 and urges Florida
19 Governor Crist, the Palm Beach County Legislative Delegation, the mayor of each municipality in
20 Palm Beach County, the leadership ofthe Palm Beach County League of Cities, the Leadership of
21 the Florida League of Cities, and each member of the Palm Beach County Board of County
22 Commissioners to oppose H529
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S:\CA\RESO\Opposition to HB 529.doc
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Section 3.
The City Commission of the City of Boynton Beach requests Governor
2 Crist to strongly consider advising the leadership of the House and Senate during the 2007
3 Regular Session that he does not support H529.
4
Section 4.
The City Commission ofthe City of Boynton Beach hereby directs that this
5 resolution be forwarded immediately to Florida Governor Crist, the Palm Beach County
6 Legislative Delegation, the mayor of each municipality in Palm Beach County, the leadership of
7 the Palm Beach County League of Cities, the Leadership ofthe Florida League of Cities, and each
8 member of the Palm Beach County Board of County Commissioners.
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29 ATTEST:
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Section 5:
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~O
day of 'tn dJt...e..L
,2007.
CITY OF BOYNTON BEACH, FLORIDA
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