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 inThis act may not shallbe 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 whichare 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.