SENATE AMENDMENT
    Bill No. SB 2142
    Amendment No. 1   Barcode 413132
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judiciary recommended the following
12  substitute for amendment (940264):
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
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17  and insert:  
18         Section 1.  Paragraph (f) is added to subsection (1) of
19  section 165.061, Florida Statutes, and paragraph (d) of
20  subsection (2) of that section is amended to read:
21         165.061  Standards for incorporation, merger, and
22  dissolution.--
23         (1)  The incorporation of a new municipality, other
24  than through merger of existing municipalities, must meet the
25  following conditions in the area proposed for incorporation:
26         (f)  In accordance with s. 10, Art. I of the State
27  Constitution, the plan for incorporation must honor existing
28  solid waste contracts in the affected geographic area subject
29  to incorporation; however, the plan for incorporation may
30  provide that existing contracts for solid waste collection
31  services shall be honored only for 5 years or the remainder of
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    7:31 PM   04/17/01                                 s2142.ju.01

SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 413132 1 the contract term, whichever is shorter, excluding any 2 automatic renewals or so-called "evergreen" provisions, and 3 may require that a copy of the pertinent portion of the 4 contract or other written evidence of the duration of the 5 contract be provided to the municipality within a reasonable 6 time following a written request to do so. 7 (2) The incorporation of a new municipality through 8 merger of existing municipalities and associated 9 unincorporated areas must meet the following conditions: 10 (d) In accordance with s. 10, Art. I of the State 11 Constitution, the plan for merger or incorporation must honor 12 existing solid waste contracts in the affected geographic area 13 subject to merger or incorporation; however, the plan for 14 merger or incorporation may provide that existing contracts 15 for solid waste collection services shall be honored only for 16 5 years or the remainder of the contract term, whichever is 17 shorter, and may require that a copy of the pertinent portion 18 of the contract or other written evidence of the duration of 19 the contract, excluding any automatic renewals or so-called 20 "evergreen" provisions, be provided to the municipality within 21 a reasonable time following a written request to do so. 22 Section 2. Section 403.7063, Florida Statutes, is 23 amended to read: 24 403.7063 Use of private services in solid waste 25 management; enforcement.-- 26 (1) In providing services or programs for solid waste 27 management, local governments and state agencies should use 28 the most cost-effective means for the provision of services 29 and are encouraged to contract with private persons for any or 30 all of such services or programs in order to assure that such 31 services are provided on the most cost-effective basis. 2 7:31 PM 04/17/01 s2142.ju.01
SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 413132 1 Notwithstanding any special or general law to the contrary, no 2 county or municipality shall adopt or enforce regulations that 3 discriminate against privately owned solid waste management 4 facilities because they are privately owned. However, nothing 5 in this section shall interfere with the county's or 6 municipality's ability to control the flow of solid waste 7 within its boundaries pursuant to this chapter. 8 (2) A private company that is a party to a solid waste 9 collection franchise agreement with a local government shall 10 have the right to enforce that agreement or related ordinance 11 against any third party and to bring an action for injunctive 12 relief or damages against any third party whose actions 13 infringe upon the solid waste collection franchise agreement 14 or related ordinance. 15 (3) In any judgment entered pursuant to this section, 16 the court shall award to the prevailing party the costs of 17 litigation, reasonable attorney's fees, and expert witness 18 fees. A local government shall not receive or be liable for 19 the costs of litigation, reasonable attorney's fees, and 20 expert witness fees under this paragraph. 21 (4) A private company that intends to bring an action 22 under this section must give notice, 30 days before filing the 23 action, to the government that granted the franchise. 24 Section 3. Subsection (1) of section 403.707, Florida 25 Statutes, is amended, and subsection (14) is added to that 26 section, to read: 27 403.707 Permits.-- 28 (1) No solid waste management facility may be 29 operated, maintained, constructed, expanded, modified, or 30 closed without an appropriate and currently valid permit or 31 registration issued by the department, unless specifically 3 7:31 PM 04/17/01 s2142.ju.01
SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 413132 1 exempted by department rule. Solid waste construction permits 2 issued under this section may include any permit conditions 3 necessary to achieve compliance with the recycling 4 requirements of this act. The department shall pursue 5 reasonable timeframes for closure and construction 6 requirements, considering pending federal requirements and 7 implementation costs to the permittee. The department shall 8 adopt a rule establishing performance standards for 9 construction and closure of solid waste management facilities. 10 The standards shall allow flexibility in design and 11 consideration for site-specific characteristics. 12 (14)(a) Any materials recovery facility for which a 13 permit is required, and any other facility designated by 14 department rule at which construction and demolition debris is 15 sorted, recovered, recycled, or processed for reuse or other 16 purposes, shall use scales that conform with the requirements 17 of chapter 531 and any rules adopted under that chapter. All 18 such facilities shall keep monthly records of the following 19 information: the total weight of materials received at the 20 facility; the total weight of materials recovered, recycled, 21 or reused, recorded by category; and the total weight of 22 materials not recovered, recycled, or reused. 23 (b) The department shall implement the requirements of 24 this section by rule, and such requirements shall become 25 effective only after the implementing rules become effective. 26 Such rules must designate the types of facilities and the 27 categories of materials for which records must be kept 28 pursuant to this subsection and must specify requirements 29 relating to reporting such information to the department. 30 (c) The designated facilities also shall keep detailed 31 records, including the name and location of the solid waste 4 7:31 PM 04/17/01 s2142.ju.01
SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 413132 1 disposal facility at which material not recovered, recycled, 2 or reused is ultimately disposed of. The implementing rules 3 must specify the requirements relating to reporting this 4 information to the department. 5 (d) This subsection does not apply to a recovered- 6 materials processing facility. This subsection does not alter 7 or otherwise affect the list of recovered materials as set 8 forth in s. 403.703(7) or the regulation of recovered 9 materials as provided in s. 403.7046. 10 Section 4. This act shall take effect July 1, 2001. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to solid waste collection; 20 amending s. 165.061, F.S.; providing 21 requirements for the plan for incorporation of 22 a new municipality relating to contracts for 23 solid waste collection; amending s. 403.7063, 24 F.S.; providing for the enforcement of 25 provisions relating to the use of private 26 services in solid waste management; amending s. 27 403.707, F.S.; amending provisions relating to 28 permitting solid waste management facilities; 29 providing requirements for scales used by and 30 records that must be kept by materials recovery 31 facilities and facilities at which construction 5 7:31 PM 04/17/01 s2142.ju.01
SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 413132 1 and demolition debris is processed; providing 2 for applicability; providing for rulemaking; 3 providing an effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7:31 PM 04/17/01 s2142.ju.01