SENATE AMENDMENT
    Bill No. SB 2142
    Amendment No. 1   Barcode 940264
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Comprehensive Planning, Local and Military
12  Affairs recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
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
                                  1
    8:14 AM   04/11/01                                 s2142.ca.01

SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 940264 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, and may require that a copy of the 21 pertinent portion of the contract or other written evidence of 22 the duration of the contract be provided to the municipality 23 within a reasonable time following a written request to do so. 24 Section 2. Subsections (24), (25), and (26) are added 25 to section 403.706, Florida Statutes, to read: 26 403.706 Local government solid waste 27 responsibilities.-- 28 (24) Any materials recovery facility and any facility 29 at which construction and demolition debris is sorted, 30 recovered, recycled, or processed for reuse or other purposes 31 shall, using scales that conform to the requirements of 2 8:14 AM 04/11/01 s2142.ca.01
SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 940264 1 chapter 531 and any rules adopted under that chapter, keep 2 monthly records of the following information: 3 (a) The total weight of materials received at the 4 facility. 5 (b) The total weight of materials recovered, recycled, 6 or reused. 7 (c) The total weight of materials not recovered, 8 recycled, or reused. 9 (25) The department shall adopt by rule no later than 10 February 1, 2002, the categories of materials for which 11 records must be kept pursuant to subsection (24). The rule 12 shall include, at a minimum, those materials set forth in s. 13 403.703(7) and (17), excluding rocks, soils, tree remains, 14 trees, and other vegetative matter. The facilities specified 15 in paragraph (b) must also keep detailed records, including 16 the name and location of the solid waste disposal facility at 17 which material not recovered, recycled, or reused is 18 ultimately disposed. Materials not recovered, recycled or 19 reused that are contaminated by or commingled with either 20 Class I waste or Class III waste, either before or after 21 processing, shall be disposed of in either a Class I landfill 22 or a Class III landfill, respectively. 23 (26) Subsections (24) and (25) do not apply to a 24 recovered materials processing facility. This section shall 25 not alter or otherwise affect the list of recovered materials 26 as set forth in s. 403.703(7) or the regulation of recovered 27 materials as provided in s. 403.7046. 28 Section 3. Section 403.7063, Florida Statutes, is 29 amended to read: 30 403.7063 Use of private services in solid waste 31 management; enforcement.-- 3 8:14 AM 04/11/01 s2142.ca.01
SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 940264 1 (1) In providing services or programs for solid waste 2 management, local governments and state agencies should use 3 the most cost-effective means for the provision of services 4 and are encouraged to contract with private persons for any or 5 all of such services or programs in order to assure that such 6 services are provided on the most cost-effective basis. 7 Notwithstanding any special or general law to the contrary, no 8 county or municipality shall adopt or enforce regulations that 9 discriminate against privately owned solid waste management 10 facilities because they are privately owned. However, nothing 11 in this section shall interfere with the county's or 12 municipality's ability to control the flow of solid waste 13 within its boundaries pursuant to this chapter. 14 (2) A private company that is a party to a solid waste 15 collection franchise agreement with a local government shall 16 have the right to enforce that agreement or related ordinance 17 against any third party and to bring an action for injunctive 18 relief or damages against any third party whose actions 19 infringe upon the exclusive solid waste collection franchise 20 agreement or related ordinance. 21 (3) In any judgment entered pursuant to this section, 22 the court shall award to the prevailing party the costs of 23 litigation, reasonable attorney's fees, and expert witness 24 fees. A local government shall not receive or be liable for 25 the cost of litigation under this subsection. 26 (4) Prior to bringing an action pursuant to this 27 section, a private company shall give notice to the government 28 that granted the franchise 30 days prior to filing the action. 29 Section 4. This act shall take effect July 1, 2001. 30 31 4 8:14 AM 04/11/01 s2142.ca.01
SENATE AMENDMENT Bill No. SB 2142 Amendment No. 1 Barcode 940264 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to solid waste; amending s. 8 165.061, F.S.; clarifying provisions relating 9 to standards for incorporation, merger, and 10 dissolution of local governments with regard to 11 solid waste contracts; amending s. 403.706, 12 F.S.; requiring materials recovery facilities 13 and facilities that process construction and 14 demolition debris to maintain certain records; 15 providing an exception; amending s. 403.7063, 16 F.S.; granting rights of enforcement to certain 17 private companies with regard to solid waste 18 franchise collection agreements; providing an 19 effective date. 20 21 22 23 24 25 26 27 28 29 30 31 5 8:14 AM 04/11/01 s2142.ca.01