House Bill hb0497

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    Florida House of Representatives - 2002                 HB 497

        By Representative Needelman






  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. 316.1975, F.S.; exempting

  8         solid-waste or recovered-materials collection

  9         vehicles from a prohibition against leaving the

10         engine running when the vehicle is unattended;

11         providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Subsection (1) and paragraph (d) of

16  subsection (2) of section 165.061, Florida Statutes, are

17  amended to read:

18         165.061  Standards for incorporation, merger, and

19  dissolution.--

20         (1)  The incorporation of a new municipality, other

21  than through merger of existing municipalities, must meet the

22  following conditions in the area proposed for incorporation:

23         (a)  It must be compact and contiguous and amenable to

24  separate municipal government.

25         (b)  It must have a total population, as determined in

26  the latest official state census, special census, or estimate

27  of population, in the area proposed to be incorporated of at

28  least 1,500 persons in counties with a population of 75,000 or

29  less, and of at least 5,000 population in counties with a

30  population of more than 75,000.

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    Florida House of Representatives - 2002                 HB 497

    785-118-02






  1         (c)  It must have an average population density of at

  2  least 1.5 persons per acre or have extraordinary conditions

  3  requiring the establishment of a municipal corporation with

  4  less existing density.

  5         (d)  It must have a minimum distance of any part of the

  6  area proposed for incorporation from the boundaries of an

  7  existing municipality within the county of at least 2 miles or

  8  have an extraordinary natural boundary which requires separate

  9  municipal government.

10         (e)  It must have a proposed municipal charter which:

11         1.  Prescribes the form of government and clearly

12  defines the responsibility for legislative and executive

13  functions.

14         2.  Does not prohibit the legislative body of the

15  municipality from exercising its powers to levy any tax

16  authorized by the Constitution or general law.

17         (f)  In accordance with s. 10, Art. I of the State

18  Constitution, the plan for incorporation must honor existing

19  solid-waste contracts in the affected geographic area subject

20  to incorporation. However, the plan for incorporation may

21  provide for existing contracts for solid-waste-collection

22  services to be honored only for 5 years or the remainder of

23  the contract term, whichever is less, and may require that a

24  copy of the pertinent portion of the contract or other written

25  evidence of the duration of the contract, excluding any

26  automatic renewals or evergreen provisions, be provided to the

27  municipality within a reasonable time after a written request

28  to do so.

29         (2)  The incorporation of a new municipality through

30  merger of existing municipalities and associated

31  unincorporated areas must meet the following conditions:

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    Florida House of Representatives - 2002                 HB 497

    785-118-02






  1         (d)  In accordance with s. 10, Art. I of the State

  2  Constitution, the plan for merger or incorporation must honor

  3  existing solid-waste solid waste contracts in the affected

  4  geographic area subject to merger. or incorporation; However,

  5  the plan for merger or incorporation may provide for that

  6  existing contracts for solid-waste-collection solid waste

  7  collection services to shall be honored only for 5 years or

  8  the remainder of the contract term, whichever is shorter, and

  9  may require that a copy of the pertinent portion of the

10  contract or other written evidence of the duration of the

11  contract, excluding any automatic renewals or so-called

12  "evergreen" provisions, be provided to the municipality within

13  a reasonable time following a written request to do so.

14         Section 2.  Subsection (2) of section 316.1975, Florida

15  Statutes, is amended to read:

16         316.1975  Unattended motor vehicle.--

17         (2)  This section does not apply to the operator of:

18         (a)  An authorized emergency vehicle while in the

19  performance of official duties and the vehicle is equipped

20  with an activated antitheft device that prohibits the vehicle

21  from being driven; or

22         (b)  A licensed delivery truck or other delivery

23  vehicle while making deliveries; or.

24         (c)  A solid-waste or recovered-materials collection

25  vehicle while collecting such items.

26         Section 3.  This act shall take effect July 1, 2002.

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    Florida House of Representatives - 2002                 HB 497

    785-118-02






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  2                          SENATE SUMMARY

  3    Clarifies certain provisions related to the treatment of
      existing solid waste contracts in areas affected by the
  4    merger or incorporation of municipalities. Exempts
      solid-waste and recovered-materials collection vehicles
  5    from a prohibition against leaving the engine running
      while the vehicle is unattended. (See bill for details.)
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