Senate Bill sb2142
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Florida Senate - 2001 SB 2142
By Senator Dyer
14-891-01
1 A bill to be entitled
2 An act relating to solid waste collection;
3 amending s. 165.061, F.S.; clarifying
4 provisions related to the treatment of existing
5 solid waste contracts in areas affected by the
6 merger or incorporation of municipalities;
7 amending s. 403.706, F.S.; requiring waste
8 processing facilities to keep certain records;
9 providing for the adoption of rules; amending
10 s. 403.7063, F.S.; authorizing certain private
11 companies to enforce certain
12 solid-waste-collection agreements; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Subsection (1) and paragraph (d) of
18 subsection (2) of section 165.061, Florida Statutes, are
19 amended to read:
20 165.061 Standards for incorporation, merger, and
21 dissolution.--
22 (1) The incorporation of a new municipality, other
23 than through merger of existing municipalities, must meet the
24 following conditions in the area proposed for incorporation:
25 (a) It must be compact and contiguous and amenable to
26 separate municipal government.
27 (b) It must have a total population, as determined in
28 the latest official state census, special census, or estimate
29 of population, in the area proposed to be incorporated of at
30 least 1,500 persons in counties with a population of 75,000 or
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Florida Senate - 2001 SB 2142
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1 less, and of at least 5,000 population in counties with a
2 population of more than 75,000.
3 (c) It must have an average population density of at
4 least 1.5 persons per acre or have extraordinary conditions
5 requiring the establishment of a municipal corporation with
6 less existing density.
7 (d) It must have a minimum distance of any part of the
8 area proposed for incorporation from the boundaries of an
9 existing municipality within the county of at least 2 miles or
10 have an extraordinary natural boundary which requires separate
11 municipal government.
12 (e) It must have a proposed municipal charter which:
13 1. Prescribes the form of government and clearly
14 defines the responsibility for legislative and executive
15 functions.
16 2. Does not prohibit the legislative body of the
17 municipality from exercising its powers to levy any tax
18 authorized by the Constitution or general law.
19 (f) In accordance with s. 10, Art. I of the State
20 Constitution, the plan for incorporation must honor existing
21 solid-waste contracts in the affected geographic area subject
22 to incorporation. However, the plan for incorporation may
23 provide for existing contracts for solid-waste-collection
24 services to be honored only for 5 years or the remainder of
25 the contract term, whichever is less, and may require that a
26 copy of the pertinent portion of the contract or other written
27 evidence of the duration of the contract, excluding any
28 automatic renewals or evergreen provisions, be provided to the
29 municipality within a reasonable time after a written request
30 to do so.
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Florida Senate - 2001 SB 2142
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1 (2) The incorporation of a new municipality through
2 merger of existing municipalities and associated
3 unincorporated areas must meet the following conditions:
4 (d) In accordance with s. 10, Art. I of the State
5 Constitution, the plan for merger or incorporation must honor
6 existing solid-waste solid waste contracts in the affected
7 geographic area subject to merger. or incorporation; However,
8 the plan for merger or incorporation may provide for that
9 existing contracts for solid-waste-collection solid waste
10 collection services to shall be honored only for 5 years or
11 the remainder of the contract term, whichever is shorter, and
12 may require that a copy of the pertinent portion of the
13 contract or other written evidence of the duration of the
14 contract, excluding any automatic renewals or so-called
15 "evergreen" provisions, be provided to the municipality within
16 a reasonable time following a written request to do so.
17 Section 2. Subsection (18) of section 403.706, Florida
18 Statutes, is amended to read:
19 403.706 Local government solid waste
20 responsibilities.--
21 (18)(a) Each operator of a solid waste management
22 facility owned or operated by or on behalf of a county or
23 municipality shall weigh all solid waste when it is received.
24 The scale used to measure the solid waste must shall conform
25 to the requirements of chapter 531 and any rules adopted
26 promulgated thereunder.
27 (b) Each facility at which construction and demolition
28 debris is sorted, recovered, recycled, or processed for reuse
29 must keep monthly records that disclose the:
30 1. The total weight of all materials received, for
31 each category of material;
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Florida Senate - 2001 SB 2142
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1 2. Category and weight of each material reused,
2 recovered, or recycled;
3 3. Category and weight of each material not reused,
4 recovered, or recycled; and
5 4. Name and location of any facility at which material
6 not reused, recovered, or recycled is disposed.
7 (c) Material received by a waste processing facility
8 which is not reused, recovered, or recycled must be disposed
9 of at a solid waste disposal facility permitted by the
10 department. Any material that is commingled with or
11 contaminated by Class I waste must be disposed of in a Class I
12 landfill.
13 (d) This subsection does not apply to construction and
14 demolition debris disposal facilities that are permitted by
15 the department and that accept such debris for disposal only,
16 nor does it apply to recovered materials processing
17 facilities.
18 (e) By October 1, 2001, the department shall adopt
19 rules specifying categories of materials for which records
20 must be kept, including materials specified in s. 403.703(7)
21 and (17).
22 Section 3. Section 403.7063, Florida Statutes, is
23 amended to read:
24 403.7063 Use of private services in solid waste
25 management.--
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.
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Florida Senate - 2001 SB 2142
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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) Any private company that is a party to a
9 solid-waste-collection franchise agreement may enforce that
10 agreement or the related ordinance against any third party by
11 filing an action for injunctive relief or damages against a
12 third party whose actions violate the agreement or ordinance.
13 In any judgment entered pursuant to this subsection, the court
14 shall award to the prevailing party the costs of litigation
15 and reasonable attorney's fees and expert witness fees. Before
16 filing an action pursuant to this subsection, a plaintiff must
17 give 30-day notice to the government that granted the
18 franchise.
19 Section 4. This act shall take effect July 1, 2001.
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22 SENATE SUMMARY
23 Clarifies certain provisions related to the treatment of
existing solid waste contracts in areas affected by the
24 merger or incorporation of municipalities. Requires waste
processing facilities to maintain certain records and
25 authorizes certain private companies to enforce
solid-waste-collection agreements to which they are
26 parties. (See bill for details.)
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