Florida Senate - 2022                                    SB 1944
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01511-22                                           20221944__
    1                        A bill to be entitled                      
    2         An act relating to local governmental actions against
    3         public or private waste entities; amending s. 403.706,
    4         F.S.; prohibiting counties and municipalities from
    5         seeking liquidated damages, administrative fees, or
    6         other similar charges against certain waste entities
    7         during certain declared emergencies; providing for the
    8         administration of such damages, fees, or other similar
    9         charges against certain waste entities during other
   10         times; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (14) of section 403.706, Florida
   15  Statutes, is amended to read:
   16         403.706 Local government solid waste responsibilities.—
   17         (14) Nothing in This act may not shall be construed to
   18  prevent the governing body of any county or municipality from
   19  providing by ordinance or regulation for solid waste management
   20  requirements that which are stricter or more extensive than
   21  those imposed by the state solid waste management program and
   22  rules, regulations, and orders issued thereunder. However, if
   23  such requirements authorize the governing body of any county or
   24  municipality to seek liquidated damages, administrative fees, or
   25  other similar charges against a public or private solid waste
   26  management service or recycling entity, the governing body of
   27  the county or municipality:
   28         (a) May not seek such damages, fees, or charges for action
   29  or inaction during any time period in which a declared local,
   30  state, or federal emergency is in effect.
   31         (b) Must calculate such damages, fees, or charges based on
   32  the amount billed to a customer for the hauler collection
   33  service billed that day at the daily rate. The calculated amount
   34  may not exceed 50 percent of the billed amount for that specific
   35  customer that day.
   36         (c) Must apply such damages, fees, or charges to all
   37  contracts executed or renewed on or after July 1, 2022.
   38         Section 2. This act shall take effect July 1, 2022.