Florida Senate - 2016                                    SB 1192
       
       
        
       By Senator Hays
       
       11-01239-16                                           20161192__
    1                        A bill to be entitled                      
    2         An act relating to waste management; amending s.
    3         316.535, F.S.; providing that the weight limits for
    4         certain solid waste or recyclable collection vehicles
    5         are suspended under certain circumstances; creating s.
    6         403.70491, F.S; requiring invoices for solid waste
    7         collection to separately identify and list certain
    8         governmental taxes and fees; amending s. 403.70605,
    9         F.S.; revising provisions relating to solid waste
   10         collection services to include disposal and recycling
   11         services; providing that certain private companies may
   12         bring an action against a state agency for specified
   13         violations; deleting an exception for certain local
   14         government waste collection services; requiring local
   15         governments providing certain solid waste collection,
   16         disposal, or recycling services outside their
   17         jurisdiction to remit certain fees and taxes to the
   18         Solid Waste Management Trust Fund; providing for
   19         calculation of such fees and taxes; providing an
   20         exception; requiring local governments to file a
   21         report by a specified date with the Division of Waste
   22         Management in the Department of Environmental
   23         Protection, subject to certain requirements; creating
   24         s. 812.0141, F.S.; defining a term; establishing the
   25         crime of theft of recyclable property; providing
   26         penalties; providing for a civil remedy; providing for
   27         attorney fees and costs under certain conditions;
   28         providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (6) of section 316.535, Florida
   33  Statutes, is amended to read:
   34         316.535 Maximum weights.—
   35         (6)(a) Dump trucks, concrete mixing trucks, trucks engaged
   36  in waste or recyclable collection and disposal, and fuel oil and
   37  gasoline trucks designed and constructed for special type work
   38  or use, when operated as a single unit, shall be subject to all
   39  safety and operational requirements of law, except that any such
   40  vehicle need not conform to the axle spacing requirements of
   41  this section provided that such vehicle shall be limited to a
   42  total gross load, including the weight of the vehicle, of 20,000
   43  pounds per axle plus scale tolerances and shall not exceed 550
   44  pounds per inch width tire surface plus scale tolerances. No
   45  vehicle operating pursuant to this section shall exceed a gross
   46  weight, including the weight of the vehicle and scale
   47  tolerances, of 70,000 pounds. Any vehicle violating the weight
   48  provisions of this section shall be penalized as provided in s.
   49  316.545.
   50         (b)Notwithstanding paragraph (a), if measurable
   51  precipitation occurs and is recorded by the National Weather
   52  Service, or by a similar governmental meteorological agency, the
   53  weight limits for solid waste or recyclable collection vehicles
   54  are suspended for 36 hours after the termination of measurable
   55  precipitation in the county.
   56         Section 2. Section 403.70491, Florida Statutes, is created
   57  to read:
   58         403.70491 Invoices for solid waste collection.—Any invoice
   59  for solid waste collection, disposal, or recycling services must
   60  separately identify and list all governmental taxes and fees,
   61  including, but not limited to, any franchise fee.
   62         Section 3. Section 403.70605, Florida Statutes, is amended
   63  to read:
   64         403.70605 Solid waste collection, disposal, or recycling
   65  services in competition with private companies.—
   66         (1) SOLID WASTE COLLECTION, DISPOSAL, OR RECYCLING SERVICES
   67  IN COMPETITION WITH PRIVATE COMPANIES.—
   68         (a) A local government that provides specific solid waste
   69  collection, disposal, or recycling services in direct
   70  competition with a private company:
   71         1. Shall comply with the provisions of local environmental,
   72  health, and safety standards that also are applicable to a
   73  private company providing such collection, disposal, or
   74  recycling services in competition with the local government.
   75         2. May Shall not enact or enforce any license, permit,
   76  registration procedure, or associated fee that:
   77         a. Does not apply to the local government and for which
   78  there is not a substantially similar requirement that applies to
   79  the local government; and
   80         b. Provides the local government with a material advantage
   81  in its ability to compete with a private company in terms of
   82  cost or ability to promptly or efficiently provide such
   83  collection, disposal, or recycling services. Nothing in This
   84  sub-subparagraph does not shall apply to any zoning, land use,
   85  or comprehensive plan requirement.
   86         (b)1. A private company with which a local government is in
   87  competition may bring an action to enjoin a violation of
   88  paragraph (a) against any local government or state agency. No
   89  Injunctive relief may not shall be granted if the official
   90  action that which forms the basis for the suit bears a
   91  reasonable relationship to the immediate health, safety, or
   92  welfare of the citizens of the local government unless the court
   93  finds that the actual or potential anticompetitive effects
   94  outweigh the public benefits of the challenged action.
   95         2. As a condition precedent to the institution of an action
   96  pursuant to this paragraph, the complaining party shall first
   97  file with the local government a notice referencing this
   98  paragraph and setting forth the specific facts upon which the
   99  complaint is based and the manner in which the complaining party
  100  is affected. The complaining party may provide evidence to
  101  substantiate the claims made in the complaint. Within 30 days
  102  after receipt of such a complaint, the local government shall
  103  respond in writing to the complaining party explaining the
  104  corrective action taken, if any. If no response is received
  105  within 30 days or if appropriate corrective action is not taken
  106  within a reasonable time, the complaining party may institute
  107  the judicial proceedings authorized in this paragraph. However,
  108  failure to comply with this subparagraph may shall not bar an
  109  action for a temporary restraining order to prevent immediate
  110  and irreparable harm from the conduct or activity complained of.
  111         3. The court may, in its discretion, award to the
  112  prevailing party or parties costs and reasonable attorney
  113  attorneys’ fees.
  114         (c) This subsection does not apply when the local
  115  government is exclusively providing the specific solid waste
  116  collection services itself or pursuant to an exclusive
  117  franchise.
  118         (2) SOLID WASTE COLLECTION SERVICES OUTSIDE JURISDICTION.—
  119         (a) A local government that provides solid waste
  120  collection, disposal, or recycling services to those outside its
  121  jurisdiction in direct competition with private companies must
  122  remit to the Solid Waste Management Trust Fund the applicable
  123  franchise fee and other applicable taxes or fees imposed by the
  124  local or state government in whose jurisdiction the competing
  125  local government is providing such services. For the purposes of
  126  this paragraph, a local government that generates revenues in
  127  excess of costs when providing collection, disposal, or
  128  recycling services to those outside its jurisdiction must apply
  129  the corporate income tax rate set forth in s. 220.11(2) to the
  130  local government’s revenues in excess of costs resulting from
  131  providing collection, disposal, or recycling services to those
  132  outside its jurisdiction and remit the resulting moneys to the
  133  Solid Waste Management Trust Fund. This paragraph does not apply
  134  to noncommercial solid waste disposal or recycling services
  135  resulting from a single-family residence that is located outside
  136  a local government’s jurisdiction and that brings, by
  137  noncommercial means, solid waste or recyclable materials to a
  138  solid waste collection, disposal, or recycling facility located
  139  within the local government’s jurisdiction.
  140         (b)A local government that provides solid waste
  141  collection, disposal, or recycling services outside its
  142  jurisdiction in direct competition with private companies must,
  143  by January 15 of each year, file a report with the Division of
  144  Waste Management which provides the following information:
  145         1.Tons of solid waste collected from outside the local
  146  government’s jurisdiction;
  147         2.Tons of solid waste disposed of within the local
  148  government’s jurisdiction which originated from outside its
  149  jurisdiction;
  150         3.The average disposal fee charged for solid waste that
  151  originated from outside the local government’s jurisdiction and
  152  how this average disposal fee compares with the average disposal
  153  fee charged for solid waste originating within the local
  154  government’s jurisdiction;
  155         4.Tons of recyclable material collected from outside the
  156  local government’s jurisdiction;
  157         5.Tons of recyclable material processed within the local
  158  government’s jurisdiction which originated from outside its
  159  jurisdiction;
  160         6.The average recycling fee charged for recyclable
  161  materials that originated from outside the local government’s
  162  jurisdiction and how this average recycling fee compares with
  163  the average disposal fee charged for solid waste originating
  164  within the local government’s jurisdiction; and
  165         7.Audited financial statements for revenues in excess of
  166  costs resulting from the provision of collection, disposal, or
  167  recycling services to those persons outside its jurisdiction.
  168         (c) Notwithstanding s. 542.235, or any other provision of
  169  law, a local government that provides solid waste collection,
  170  disposal, or recycling services outside its jurisdiction in
  171  direct competition with private companies is subject to the same
  172  prohibitions against predatory pricing applicable to private
  173  companies under ss. 542.18 and 542.19.
  174         (d)(b) Any person injured by reason of violation of this
  175  subsection may sue therefor in the circuit courts of this state
  176  and shall be entitled to injunctive relief and to recover the
  177  damages and the costs of suit. The court may, in its discretion,
  178  award to the prevailing party or parties reasonable attorney
  179  attorneys’ fees. An action for damages under this subsection
  180  must be commenced within 4 years. A No person may not obtain
  181  injunctive relief or recover damages under this subsection for
  182  any injury that results from actions taken by a local government
  183  in direct response to a natural disaster or similar occurrence
  184  for which an emergency is declared by executive order or
  185  proclamation of the Governor pursuant to s. 252.36 or for which
  186  such a declaration might be reasonably anticipated within the
  187  area covered by such executive order or proclamation.
  188         (e)(c) As a condition precedent to the institution of an
  189  action pursuant to this subsection, the complaining party shall
  190  first file with the local government a notice referencing this
  191  subsection and setting forth the specific facts upon which the
  192  complaint is based and the manner in which the complaining party
  193  is affected. Within 30 days after receipt of such complaint, the
  194  local government shall respond in writing to the complaining
  195  party explaining the corrective action taken, if any. If the
  196  local government denies that it has engaged in conduct that is
  197  prohibited by this subsection, its response shall include an
  198  explanation showing why the conduct complained of does not
  199  constitute predatory pricing.
  200         (f)(d) For the purposes of this subsection, the
  201  jurisdiction of a county, special district, or solid waste
  202  authority shall include all incorporated and unincorporated
  203  areas within the county, special district, or solid waste
  204  authority.
  205         (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.—
  206         (a) As used in this subsection, the term “displacement”
  207  means a local government’s provision of a collection, disposal,
  208  or recycling service which prohibits a private company from
  209  continuing to provide the same service that it was providing
  210  when the decision to displace was made. The term does not
  211  include:
  212         1. Competition between the public sector and private
  213  companies for individual contracts;
  214         2. Actions by which a local government, at the end of a
  215  contract with a private company, refuses to renew the contract
  216  and either awards the contract to another private company or
  217  decides for any reason to provide the collection service itself;
  218         3. Actions taken against a private company because the
  219  company has acted in a manner threatening to the public health
  220  or safety or resulting in a substantial public nuisance;
  221         4. Actions taken against a private company because the
  222  company has materially breached its contract with the local
  223  government;
  224         5. Refusal by a private company to continue operations
  225  under the terms and conditions of its existing agreement during
  226  the 3-year notice period;
  227         6. Entering into a contract with a private company to
  228  provide garbage, trash, or refuse collection which contract is
  229  not entered into under an ordinance that displaces or authorizes
  230  the displacement of another private company providing garbage,
  231  trash, or refuse collection;
  232         7. Situations in which a majority of the property owners in
  233  the displacement area petition the governing body to take over
  234  the collection service;
  235         8. Situations in which the private companies are licensed
  236  or permitted to do business within the local government for a
  237  limited time and such license or permit expires and is not
  238  renewed by the local government. This subparagraph does not
  239  apply to licensing or permitting processes enacted after May 1,
  240  1999, or to occupational licenses; or
  241         9. Annexations, but only to the extent that the provisions
  242  of s. 171.062(4) apply.
  243         (b) A local government or combination of local governments
  244  may not displace a private company that provides garbage, trash,
  245  or refuse collection service without first:
  246         1. Holding at least one public hearing seeking comment on
  247  the advisability of the local government or combination of local
  248  governments providing the service.
  249         2. Providing at least 45 days’ written notice of the
  250  hearing, delivered by first-class mail to all private companies
  251  that provide the service within the jurisdiction.
  252         3. Providing public notice of the hearing.
  253         (c) Following the final public hearing held under paragraph
  254  (b), but not later than 1 year after the hearing, the local
  255  government may proceed to take those measures necessary to
  256  provide the service. A local government shall provide 3 years’
  257  notice to a private company before it engages in the actual
  258  provision of the service that displaces the company. As an
  259  alternative to delaying displacement 3 years, a local government
  260  may pay a displaced company an amount equal to the company’s
  261  preceding 15 months’ gross receipts for the displaced service in
  262  the displacement area. The 3-year notice period shall lapse as
  263  to any private company being displaced when the company ceases
  264  to provide service within the displacement area. Nothing in this
  265  paragraph prohibits the local government and the company from
  266  voluntarily negotiating a different notice period or amount of
  267  compensation.
  268         (4) DEFINITIONS.—As used in this section:
  269         (a) “In competition” or “in direct competition” means the
  270  vying between a local government and a private company to
  271  provide substantially similar solid waste collection, disposal,
  272  or recycling services to the same customer.
  273         (b) “Private company” means any entity other than a local
  274  government or other unit of government that provides solid waste
  275  collection services.
  276         Section 4. Section 812.0141, Florida Statutes, is created
  277  to read:
  278         812.0141 Theft of recyclable property.—
  279         (1)As used in this section, the term “recyclable property”
  280  means recovered materials, as defined in s. 403.703, in addition
  281  to wooden or plastic pallets.
  282         (2)A person commits theft if he or she knowingly obtains
  283  or uses, or endeavors to obtain or to use, the recyclable
  284  property of another with intent to, either temporarily or
  285  permanently:
  286         (a)Deprive the other person of a right to possess the
  287  recyclable property or of a benefit derived therefrom.
  288         (b)Appropriate the recyclable property for his or her own
  289  use or to the use of a person not entitled to the use of the
  290  recyclable property.
  291         (3)Any person who violates this section is guilty of a
  292  misdemeanor of the first degree, punishable as provided in s.
  293  775.082 or s. 775.083. Prosecution for a violation of subsection
  294  (2) does not preclude prosecution for theft pursuant to s.
  295  812.014.
  296         (4)Any person who commits a third or subsequent violation
  297  of subsection (2) within 3 years after the date of a prior
  298  violation that resulted in a conviction for a violation of
  299  subsection (2) commits a felony of the third degree, punishable
  300  as provided in s. 775.082 or s. 775.083.
  301         (5)Any person who proves by clear and convincing evidence
  302  that he or she has been injured in any manner by reason of a
  303  violation of this section may pursue a civil remedy under s.
  304  772.11. However, notwithstanding s. 772.11, the minimum damage
  305  award under this subsection is $5,000 in addition to reasonable
  306  attorney fees and costs in the trial and appellate courts.
  307         Section 5. This act shall take effect July 1, 2016.