Bill Text: FL S0996 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 996
By the Committees on Environment and Natural Resources; and
Community Affairs; and Senator Albritton
592-03423-20 2020996c2
1 A bill to be entitled
2 An act relating to local government waste programs;
3 amending s. 403.706, F.S.; exempting fiscally
4 constrained counties from certain local government
5 recycling goals and requirements; providing an
6 expiration date for the exemption; providing
7 legislative findings; creating a recycled materials
8 management pilot program for Polk County, in
9 coordination with the University of Florida, for a
10 specified purpose; authorizing the county to
11 collaborate with other local governmental and private
12 entities to carry out and finance the pilot program;
13 exempting Polk County from specified recycling
14 provisions while participating in the pilot program;
15 requiring Polk County to communicate and collaborate
16 with the Department of Environmental Protection for
17 certain purposes; requiring Polk County to submit a
18 report containing specified information to the
19 Governor and the Legislature by a specified date;
20 providing for expiration of the pilot program;
21 amending s. 403.70605, F.S.; revising the definition
22 of the term “displacement”; requiring a local
23 government to pay a specified amount of compensation
24 to a displaced private waste company at the end of a
25 specified notice period; removing a provision
26 authorizing a local government to pay a specified
27 amount of compensation to a private waste company as
28 an alternative to delaying displacement for a
29 specified period; removing a provision authorizing a
30 local government and a private waste company to
31 negotiate such compensation and notice period;
32 providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Subsections (23) and (24) are added to section
37 403.706, Florida Statutes, to read:
38 403.706 Local government solid waste responsibilities.—
39 (23) A fiscally constrained county, as defined in s.
40 218.67(1), is exempt from the goals and requirements of this
41 section. This subsection expires July 1, 2035.
42 (24)(a) The Legislature finds that local governments,
43 regional solid waste management authorities, and government
44 owned and privately owned waste management entities face
45 significant challenges in meeting this state’s waste recycling
46 goals, as provided in subsection (2), due to a variety of
47 factors, including the diversity and magnitude of the waste
48 stream and the ever-changing global demand and market conditions
49 for recyclable materials. These factors make it necessary to
50 investigate other options for the management of recyclable
51 material resources to ensure the protection of the environment,
52 as well as limit the cost to the residents of this state for
53 solid waste collection and disposal.
54 (b) A recycled materials management pilot project is
55 created for Polk County, in coordination with the University of
56 Florida, to identify sustainable, environmentally responsible,
57 and cost-effective collection, storage, and retention methods
58 for recyclable materials which have limited economic or
59 industrial utility, but retain their potential to be
60 reintroduced into the market through an economically viable
61 recycling process.
62 (c) Polk County may join with one or more counties,
63 municipalities, special districts, publicly owned or privately
64 owned waste utilities, multijurisdictional water management
65 entities, or other entities in carrying out the pilot program
66 and may contract with other entities to finance or otherwise
67 implement the operation and maintenance of the pilot program.
68 The contracts may provide for contributions to be made by each
69 party to the contract for the division and apportionment of
70 resulting costs, including operations and maintenance, benefits,
71 services, and products. The contracts may contain other
72 covenants and agreements necessary and appropriate to accomplish
73 their purposes. The Legislature will not provide any funding
74 assistance for the pilot program. However, this section may not
75 be construed so as to limit or prevent the University of Florida
76 or any other state entity wishing to participate in the pilot
77 program from providing in-kind services in furtherance of the
78 goals of the pilot program.
79 (d) During the term of the pilot program, Polk County is
80 exempt from meeting the goals and requirements set forth in this
81 section.
82 (e) Polk County shall periodically communicate and
83 collaborate with the department regarding specific objectives of
84 the pilot program, progress made in achieving such objectives,
85 and any conclusions that may be drawn from the program.
86 (f) Polk County shall submit a report to the Governor, the
87 President of the Senate, and the Speaker of the House of
88 Representatives by July 1, 2025, regarding the conclusions of
89 the pilot program. The report must include all of the following
90 information:
91 1. A description of the pilot program, including a summary
92 of its goals and an overview of the methodology used to identify
93 the specific recyclable materials that were determined to
94 provide the greatest environmental benefit and opportunity for
95 retention and later reintroduction to the recyclable materials
96 market.
97 2. An overview of the methodology implemented to segregate
98 the recyclable materials of greatest environmental benefit while
99 minimizing the handling and processing of recyclable materials
100 of low environmental benefit.
101 3. Any progress made in developing and implementing the
102 pilot program in comparison to the development and
103 implementation of other processes currently being used for the
104 collection, disposal, or reuse of the same recyclable materials.
105 4. The capital and operating costs Polk County estimates it
106 would expend to fully implement any economically feasible
107 recycling and solid waste management practices revealed by the
108 pilot program in comparison to the same estimated costs it would
109 expend to fully implement other alternative recycling and solid
110 waste management practices that counties, municipalities, or
111 special districts have implemented in this state.
112 5. The source of funds used in developing and implementing
113 the pilot program.
114 6. The benefits to Polk County and this state from
115 implementation of any economically viable recycling and solid
116 waste management practices revealed by the pilot program.
117 7. A recommendation as to whether any economically viable
118 recycling and solid waste management practices revealed by the
119 pilot program should be available as an acceptable alternative
120 to the traditional processes that counties, municipalities, or
121 special districts have used to manage recyclable materials and,
122 if so, identification of the statutory changes necessary to do
123 so.
124 (g) The pilot program and this subsection shall expire July
125 1, 2025.
126 Section 2. Paragraphs (a) and (c) of subsection (3) of
127 section 403.70605, Florida Statutes, are amended to read:
128 403.70605 Solid waste collection services in competition
129 with private companies.—
130 (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.—
131 (a) As used in this subsection, the term “displacement”
132 means a local government’s provision of a collection service
133 which prohibits a private company from continuing to provide the
134 same service that it was providing when the decision to displace
135 was made. The term does not include:
136 1. Competition between the public sector and private
137 companies for individual contracts;
138 2. Actions by which a local government, at the end of a
139 contract with a private company or at the end of any franchise a
140 local government has granted to a private company, refuses to
141 renew the contract or franchise and either awards the contract
142 or grants a franchise to another private company or companies or
143 decides for any reason to provide the collection service itself;
144 3. Actions taken against a private company because the
145 company has acted in a manner threatening to the public health
146 or safety or resulting in a substantial public nuisance;
147 4. Actions taken against a private company because the
148 company has materially breached its contract with the local
149 government;
150 5. Refusal by a private company to continue operations
151 under the terms and conditions of its existing agreement during
152 the 3-year notice period;
153 6. Entering into a contract with a private company to
154 provide garbage, trash, or refuse collection which contract is
155 not entered into under an ordinance that displaces or authorizes
156 the displacement of another private company providing garbage,
157 trash, or refuse collection;
158 7. Situations in which a majority of the property owners in
159 the displacement area petition the governing body to take over
160 the collection service;
161 8. Situations in which the private companies are
162 franchised, licensed, or permitted to do business within the
163 local government for a limited time and such franchise, license,
164 or permit expires and is not renewed by the local government.
165 This subparagraph does not apply to licensing or permitting
166 processes enacted after May 1, 1999, or to occupational
167 licenses; or
168 9. Annexations, but only to the extent that the provisions
169 of s. 171.062(4) apply.
170 (c) Following the final public hearing held under paragraph
171 (b), but not later than 1 year after the hearing, the local
172 government may proceed to take those measures necessary to
173 provide the service. The A local government shall provide 3
174 years’ notice to the a private company before it engages in the
175 actual provision of the service that displaces the company. At
176 the end of the 3-year notice period As an alternative to
177 delaying displacement 3 years, the a local government shall may
178 pay the a displaced company an amount equal to the company’s
179 preceding 18 15 months’ gross receipts for the displaced service
180 in the displacement area. The 3-year notice period shall lapse
181 as to any private company being displaced when the company
182 ceases to provide service within the displacement area. Nothing
183 in this paragraph prohibits the local government and the company
184 from voluntarily negotiating a different notice period or amount
185 of compensation.
186 Section 3. This act shall take effect July 1, 2020.
