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
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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
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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
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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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