Bill Text: FL S0996 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local Government Waste Programs

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2020-03-14 - Died in Rules [S0996 Detail]

Download: Florida-2020-S0996-Introduced.html

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       Florida Senate - 2020                                     SB 996
       
       
        
       By Senator Albritton
       
       
       
       
       
       26-01431-20                                            2020996__
    1                        A bill to be entitled                      
    2         An act relating to the displacement of private waste
    3         companies; amending s. 403.70605, F.S.; revising the
    4         process for a local government to displace a private
    5         waste collection company in a county or municipality;
    6         requiring a local government to announce its intent to
    7         adopt an ordinance or a resolution for organized
    8         collection service through a resolution of intent;
    9         specifying requirements for the resolution of intent;
   10         specifying requirements for a local government’s plan
   11         for organized collection service; prohibiting a local
   12         government from commencing organized collection
   13         service for a specified time after adoption of a
   14         certain ordinance or resolution; requiring a local
   15         government to restart the notification and planning
   16         process under certain circumstances; defining the term
   17         “organized collection service”; providing an effective
   18         date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (3) of section 403.70605, Florida
   23  Statutes, is amended to read:
   24         403.70605 Solid waste collection services in competition
   25  with private companies.—
   26         (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.—
   27         (a) A local government may displace a private company that
   28  provides garbage, trash, or refuse collection service only by
   29  adopting an ordinance or a resolution. Before adopting the
   30  ordinance or resolution, the local government must do all of the
   31  following:
   32         1. At least 180 days before adopting the ordinance or
   33  resolution under this subsection, announce its intent to
   34  consider the adoption of an organized collection service by a
   35  resolution of intent. The resolution of intent must:
   36         a. Include specific goals to be achieved, a detailed
   37  justification for any franchise fees, and all other reasons the
   38  local government has for considering an organized collection
   39  service;
   40         b. Be published once in a newspaper of general circulation
   41  in the county or municipality;
   42         c. Give notice of a public hearing to be held at least 30
   43  days before consideration of the adoption of the resolution of
   44  intent; and
   45         d. Invite interested persons to participate in the planning
   46  and establishing of the organized collection service, including
   47  all licensees and other persons operating solid waste or
   48  recyclables collection services in the county or municipality as
   49  of the date of announcement of its intent to establish an
   50  organized collection service in the county or municipality.
   51         2. Within 90 days after adopting the resolution of intent
   52  required under subparagraph 1., develop a plan for organized
   53  collection service. The local government shall invite and employ
   54  the assistance of all licensees and other persons operating
   55  solid waste or recyclables collection services in the county or
   56  municipality. All licensees and other persons operating solid
   57  waste or recyclables collection in the county or municipality
   58  must be allowed to participate in the planning meetings.
   59         3. Provide at least 30 days’ notice before a hearing on the
   60  proposed plan to all licensees or other persons operating solid
   61  waste or recyclables collection services in the county or
   62  municipality.
   63         (b) A local government’s plan for organized collection
   64  service must:
   65         1. Describe in detail the procedures used for development
   66  of the plan;
   67         2. Include evidence of compliance with all notice
   68  provisions required under paragraph (a);
   69         3. Evaluate the proposed plan in regard to achieving the
   70  stated goals, to minimizing displacement and economic impact to
   71  current solid waste collectors, to ensuring participation of all
   72  interested parties in the decisionmaking process, and to
   73  maximizing efficiency in solid waste collection; and
   74         4. Provide detailed justification for any proposed tax,
   75  franchise fee, or similar fee.
   76         (c) A local government may not commence an organized
   77  collection service pursuant to this subsection for at least 5
   78  years after the adoption of an ordinance or resolution
   79  establishing the service. During this period, the local
   80  government may not displace any person licensed to operate solid
   81  waste collection services in the county or municipality.
   82         (d) If for any reason a local government does not implement
   83  an organized collection service by adoption of an ordinance or
   84  resolution within 1 year after the passage of a resolution of
   85  intent, the process, as provided in this section, must be
   86  restarted.
   87         (e) As used in this subsection, the term “organized
   88  collection service” means a system for collecting solid waste,
   89  recyclables, or both. The term includes a franchise, an
   90  organized collection, or a process in which a county or
   91  municipality goes from multiple haulers to one single contract
   92  under which a specified collector, or a member of a collectors’
   93  organization, is authorized to collect from a defined geographic
   94  service area some or all of the solid waste or recyclables from
   95  households or other generators.
   96         (a) As used in this subsection, the term “displacement”
   97  means a local government’s provision of a collection service
   98  which prohibits a private company from continuing to provide the
   99  same service that it was providing when the decision to displace
  100  was made. The term does not include:
  101         1. Competition between the public sector and private
  102  companies for individual contracts;
  103         2. Actions by which a local government, at the end of a
  104  contract with a private company, refuses to renew the contract
  105  and either awards the contract to another private company or
  106  decides for any reason to provide the collection service itself;
  107         3. Actions taken against a private company because the
  108  company has acted in a manner threatening to the public health
  109  or safety or resulting in a substantial public nuisance;
  110         4. Actions taken against a private company because the
  111  company has materially breached its contract with the local
  112  government;
  113         5. Refusal by a private company to continue operations
  114  under the terms and conditions of its existing agreement during
  115  the 3-year notice period;
  116         6. Entering into a contract with a private company to
  117  provide garbage, trash, or refuse collection which contract is
  118  not entered into under an ordinance that displaces or authorizes
  119  the displacement of another private company providing garbage,
  120  trash, or refuse collection;
  121         7. Situations in which a majority of the property owners in
  122  the displacement area petition the governing body to take over
  123  the collection service;
  124         8. Situations in which the private companies are licensed
  125  or permitted to do business within the local government for a
  126  limited time and such license or permit expires and is not
  127  renewed by the local government. This subparagraph does not
  128  apply to licensing or permitting processes enacted after May 1,
  129  1999, or to occupational licenses; or
  130         9. Annexations, but only to the extent that the provisions
  131  of s. 171.062(4) apply.
  132         (b) A local government or combination of local governments
  133  may not displace a private company that provides garbage, trash,
  134  or refuse collection service without first:
  135         1. Holding at least one public hearing seeking comment on
  136  the advisability of the local government or combination of local
  137  governments providing the service.
  138         2. Providing at least 45 days’ written notice of the
  139  hearing, delivered by first-class mail to all private companies
  140  that provide the service within the jurisdiction.
  141         3. Providing public notice of the hearing.
  142         (c) Following the final public hearing held under paragraph
  143  (b), but not later than 1 year after the hearing, the local
  144  government may proceed to take those measures necessary to
  145  provide the service. A local government shall provide 3 years’
  146  notice to a private company before it engages in the actual
  147  provision of the service that displaces the company. As an
  148  alternative to delaying displacement 3 years, a local government
  149  may pay a displaced company an amount equal to the company’s
  150  preceding 15 months’ gross receipts for the displaced service in
  151  the displacement area. The 3-year notice period shall lapse as
  152  to any private company being displaced when the company ceases
  153  to provide service within the displacement area. Nothing in this
  154  paragraph prohibits the local government and the company from
  155  voluntarily negotiating a different notice period or amount of
  156  compensation.
  157         Section 2. This act shall take effect July 1, 2020.