Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for SB 996
Ì752760&Î752760
LEGISLATIVE ACTION
Senate . House
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The Committee on Environment and Natural Resources (Albritton)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 17 - 21
4 and insert:
5 Section 1. Subsections (23) and (24) are added to section
6 403.706, Florida Statutes, to read:
7 403.706 Local government solid waste responsibilities.—
8 (23) A fiscally constrained county, as defined in s.
9 218.67(1), is exempt from the goals and requirements of this
10 section. This subsection expires July 1, 2035.
11 (24)(a) The Legislature finds that local governments,
12 regional solid waste management authorities, and government
13 owned and privately owned waste management entities face
14 significant challenges in meeting this state’s waste recycling
15 goals, as provided in subsection (2), due to a variety of
16 factors, including the diversity and magnitude of the waste
17 stream and the ever-changing global demand and market conditions
18 for recyclable materials. These factors make it necessary to
19 investigate other options for the management of recyclable
20 material resources to ensure the protection of the environment,
21 as well as limit the cost to the residents of this state for
22 solid waste collection and disposal.
23 (b) A recycled materials management pilot project is
24 created for Polk County, in coordination with the University of
25 Florida, to identify sustainable, environmentally responsible,
26 and cost-effective collection, storage, and retention methods
27 for recyclable materials which have limited economic or
28 industrial utility, but retain their potential to be
29 reintroduced into the market through an economically viable
30 recycling process.
31 (c) Polk County may join with one or more counties,
32 municipalities, special districts, publicly owned or privately
33 owned waste utilities, multijurisdictional water management
34 entities, or other entities in carrying out the pilot program
35 and may contract with other entities to finance or otherwise
36 implement the operation and maintenance of the pilot program.
37 The contracts may provide for contributions to be made by each
38 party to the contract for the division and apportionment of
39 resulting costs, including operations and maintenance, benefits,
40 services, and products. The contracts may contain other
41 covenants and agreements necessary and appropriate to accomplish
42 their purposes. The Legislature will not provide any funding
43 assistance for the pilot program. However, this section may not
44 be construed so as to limit or prevent the University of Florida
45 or any other state entity wishing to participate in the pilot
46 program from providing in-kind services in furtherance of the
47 goals of the pilot program.
48 (d) During the term of the pilot program, Polk County is
49 exempt from meeting the goals and requirements set forth in this
50 section.
51 (e) Polk County shall periodically communicate and
52 collaborate with the department regarding specific objectives of
53 the pilot program, progress made in achieving such objectives,
54 and any conclusions that may be drawn from the program.
55 (f) Polk County shall submit a report to the Governor, the
56 President of the Senate, and the Speaker of the House of
57 Representatives by July 1, 2025, regarding the conclusions of
58 the pilot program. The report must include all of the following
59 information:
60 1. A description of the pilot program, including a summary
61 of its goals and an overview of the methodology used to identify
62 the specific recyclable materials that were determined to
63 provide the greatest environmental benefit and opportunity for
64 retention and later reintroduction to the recyclable materials
65 market.
66 2. An overview of the methodology implemented to segregate
67 the recyclable materials of greatest environmental benefit while
68 minimizing the handling and processing of recyclable materials
69 of low environmental benefit.
70 3. Any progress made in developing and implementing the
71 pilot program in comparison to the development and
72 implementation of other processes currently being used for the
73 collection, disposal, or reuse of the same recyclable materials.
74 4. The capital and operating costs Polk County estimates it
75 would expend to fully implement any economically feasible
76 recycling and solid waste management practices revealed by the
77 pilot program in comparison to the same estimated costs it would
78 expend to fully implement other alternative recycling and solid
79 waste management practices that counties, municipalities, or
80 special districts have implemented in this state.
81 5. The source of funds used in developing and implementing
82 the pilot program.
83 6. The benefits to Polk County and this state from
84 implementation of any economically viable recycling and solid
85 waste management practices revealed by the pilot program.
86 7. A recommendation as to whether any economically viable
87 recycling and solid waste management practices revealed by the
88 pilot program should be available as an acceptable alternative
89 to the traditional processes that counties, municipalities, or
90 special districts have used to manage recyclable materials and,
91 if so, identification of the statutory changes necessary to do
92 so.
93 (g) The pilot program and this subsection shall expire July
94 1, 2025.
95 Section 2. Paragraphs (a) and (c) of subsection (3) of
96 section 403.70605, Florida Statutes, are amended to read:
97 403.70605 Solid waste collection services in competition
98 with private companies.—
99 (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.—
100 (a) As used in this subsection, the term “displacement”
101 means a local government’s provision of a collection service
102 which prohibits a private company from continuing to provide the
103 same service that it was providing when the decision to displace
104 was made. The term does not include:
105 1. Competition between the public sector and private
106 companies for individual contracts;
107 2. Actions by which a local government, at the end of a
108 contract with a private company or at the end of any franchise a
109 local government has granted to a private company, refuses to
110 renew the contract or franchise and either awards the contract
111 or grants a franchise to another private company or companies or
112 decides for any reason to provide the collection service itself;
113 3. Actions taken against a private company because the
114 company has acted in a manner threatening to the public health
115 or safety or resulting in a substantial public nuisance;
116 4. Actions taken against a private company because the
117 company has materially breached its contract with the local
118 government;
119 5. Refusal by a private company to continue operations
120 under the terms and conditions of its existing agreement during
121 the 3-year notice period;
122 6. Entering into a contract with a private company to
123 provide garbage, trash, or refuse collection which contract is
124 not entered into under an ordinance that displaces or authorizes
125 the displacement of another private company providing garbage,
126 trash, or refuse collection;
127 7. Situations in which a majority of the property owners in
128 the displacement area petition the governing body to take over
129 the collection service;
130 8. Situations in which the private companies are
131 franchised, licensed, or permitted to do business within the
132 local government for a limited time and such franchise, license,
133 or permit expires and is not renewed by the local government.
134 This subparagraph does not apply to licensing or permitting
135 processes enacted after May 1, 1999, or to occupational
136 licenses; or
137 9. Annexations, but only to the extent that the provisions
138 of s. 171.062(4) apply.
139
140 ================= T I T L E A M E N D M E N T ================
141 And the title is amended as follows:
142 Delete lines 2 - 3
143 and insert:
144 An act relating to local government waste programs;
145 amending s. 403.706, F.S.; exempting fiscally
146 constrained counties from certain local government
147 recycling goals and requirements; providing an
148 expiration date for the exemption; providing
149 legislative findings; creating a recycled materials
150 management pilot program for Polk County, in
151 coordination with the University of Florida, for a
152 specified purpose; authorizing the county to
153 collaborate with other local governmental and private
154 entities to carry out and finance the pilot program;
155 exempting Polk County from specified recycling
156 provisions while participating in the pilot program;
157 requiring Polk County to communicate and collaborate
158 with the Department of Environmental Protection for
159 certain purposes; requiring Polk County to submit a
160 report containing specified information to the
161 Governor and the Legislature by a specified date;
162 providing for expiration of the pilot program;
163 amending s. 403.70605, F.S.; revising the definition
164 of the term “displacement”; requiring a