Senate Bill sb1400c1

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    Florida Senate - 2004                           CS for SB 1400

    By the Committee on Comprehensive Planning; and Senators
    Bennett and Dawson




    316-2089-04

  1                      A bill to be entitled

  2         An act relating to local government solid waste

  3         fees; amending s. 403.706, F.S.; requiring

  4         counties and municipalities to waive such fees

  5         for certain nonprofit organizations; providing

  6         certain limitations and restrictions; providing

  7         an effective date.

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  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsections (10) and (17) of section

12  403.706, Florida Statutes, are amended to read:

13         403.706  Local government solid waste

14  responsibilities.--

15         (10)  In developing and implementing recycling

16  programs, counties and municipalities shall give consideration

17  to the collection, marketing, and disposition of recyclable

18  materials by persons engaged in the business of recycling,

19  whether or not the persons are operating for profit.  Counties

20  and municipalities are encouraged to use for-profit and

21  nonprofit organizations in fulfilling their responsibilities

22  under this act. A county or municipality shall grant a waiver

23  of solid waste fees to any not-for-profit organization

24  qualified under s. 501(c)(3) of the Internal Revenue Code of

25  1986, as amended, which collects donated goods for charitable

26  purposes and has a recycling or reuse rate of 50 percent or

27  greater. However, this waiver may not be granted for

28  construction and demolition debris or manufacturing

29  byproducts. Tipping fees or similar user fees may not be

30  increased as a result of these waivers. This subsection does

31  not apply to a county or municipality that has included a

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    Florida Senate - 2004                           CS for SB 1400
    316-2089-04




 1  covenant prohibiting free service in an ordinance or

 2  resolution securing its outstanding solid waste revenue bonds

 3  that are payable in whole or in part from solid waste fees.

 4         (17)  To effect the purposes of this part, counties and

 5  municipalities are authorized, in addition to other powers

 6  granted pursuant to this part:

 7         (a)  To contract with persons to provide resource

 8  recovery services or operate resource recovery facilities on

 9  behalf of the county or municipality.

10         (b)  To indemnify persons providing resource recovery

11  services or operating resource recovery facilities for

12  liabilities or claims arising out of the provision or

13  operation of such services or facilities that are not the

14  result of the sole negligence of the persons providing such

15  services or operating such facilities.

16         (c)  To waive sovereign immunity and immunity from suit

17  in federal court by vote of the governing body of the county

18  or municipality to the extent necessary to carry out the

19  authority granted in paragraphs (a) and (b), notwithstanding

20  the limitations prescribed in s. 768.28.

21         (d)  To grant a solid waste fee waiver to nonprofit

22  organizations that are engaged in the collection of donated

23  goods for charitable purposes and that have a recycling or

24  reuse rate of 50 percent or better.

25         Section 2.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 1400
    316-2089-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1400

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 4  This CS differs from the bill as filed in that it requires the
    non-profit be qualified pursuant to 501(c)(3) of the Internal
 5  Revenue Code; excludes construction debris and manufacturing
    by-products from the waiver; stipulates that tipping fees or
 6  similar user fees may not be increased as a result of these
    waivers; and excludes counties whose bond covenants preclude
 7  free service.

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