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House Bill 1589c1

Florida House of Representatives - 1997 CS/HB 1589 By the Committee on General Government Appropriations and Representatives Westbrook, Wiles and Smith 1 A bill to be entitled 2 An act relating to counties; repealing s. 327, 3 ch. 96-410, Laws of Florida, which provides 4 that once a small county meets the population 5 requirements and qualifies for programs under 6 ss. 40.015, 163.05, 163.3177, 163.3191, 7 212.055, 218.075, 218.65, 252.373, 265.2861, 8 403.706, and 403.7095, F.S., it shall retain 9 that qualification until it exceeds a 10 population of 75,000; amending the following 11 provisions to increase from 50,000 to 75,000 12 the maximum population limit to qualify as a 13 small county: s. 163.05, F.S., which 14 establishes a technical assistance program for 15 small counties; s. 163.3177, F.S., which 16 provides that certain elements of a local 17 government comprehensive plan are optional for 18 small counties; s. 163.3191, F.S., which 19 authorizes the state land planning agency to 20 enter into agreements with small counties to 21 focus on selected issues or elements when 22 updating their comprehensive plans; s. 165.061, 23 F.S., which provides population requirements 24 for incorporation of municipalities in small 25 counties; s. 212.055, F.S., which authorizes 26 certain small counties to use proceeds of the 27 local government infrastructure surtax for 28 long-term maintenance costs associated with 29 landfill closure; s. 252.373, F.S., which 30 provides criteria small counties must meet to 31 qualify for funds from the Emergency 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 Management, Preparedness, and Assistance Trust 2 Fund; s. 288.063, F.S., which provides that 3 certain small counties are qualified for 4 contracts with the Office of Tourism, Trade, 5 and Economic Development for transportation 6 projects; s. 373.441, F.S., which requires 7 consideration of special provisions when an 8 environmental resource permit program is 9 delegated to small counties; s. 403.4131, F.S., 10 which encourages a regional approach to litter 11 control and prevention programs in small 12 counties; s. 403.706, F.S., which authorizes 13 small counties to provide their residents with 14 the opportunity to recycle in lieu of achieving 15 solid waste reduction goals; and s. 403.719, 16 F.S., which provides use of waste tire grants 17 by small counties; amending s. 403.7061, F.S., 18 to conform; amending s. 163.3187, F.S.; 19 revising conditions under which a small scale 20 development amendment to a local government 21 comprehensive plan may be adopted, to provide 22 certain maximum acreage requirements for 23 certain counties; amending s. 218.075, F.S.; 24 revising provisions which authorize the 25 Department of Environmental Protection and 26 water management districts to waive or reduce 27 permit processing fees for small counties under 28 certain conditions, to revise population 29 requirements; amending s. 218.65, F.S., 30 relating to emergency and supplemental 31 distributions from the Local Government 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 Half-cent Sales Tax Clearing Trust Fund; 2 revising the population limitation for purposes 3 of provisions which exempt small counties from 4 certain criteria imposed to qualify for an 5 emergency distribution; deleting a requirement 6 that a county must be eligible for an emergency 7 distribution in order to qualify for a 8 supplemental distribution; amending ss. 259.032 9 and 373.59, F.S.; removing a requirement that 10 small counties levy a specified millage or 11 suffer a specified percentage of tax loss in 12 order to receive payments in lieu of taxes from 13 funds in the Conservation and Recreation Lands 14 Trust Fund or Water Management Lands Trust Fund 15 for tax losses incurred as a result of 16 acquisitions under the Florida Preservation 17 2000 Program; revising provisions which limit 18 the number of years such payments may be made; 19 amending s. 403.7095, F.S.; revising the 20 population limitation for purposes of 21 provisions which authorize annual solid waste 22 and recycling grants to small counties and 23 deleting the expiration date for such grants; 24 providing an effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 327 of chapter 96-410, Laws of 29 Florida, is hereby repealed. 30 Section 2. Subsection (3) of section 163.05, Florida 31 Statutes, 1996 Supplement, is amended to read: 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 163.05 Small County Technical Assistance Program.-- 2 (3) The purpose of this section is to provide 3 technical assistance to small counties to enable them to 4 implement workable solutions to financial and administrative 5 problems. As used in this section, "small county" means a 6 county that has a population of 75,000 50,000 or less. 7 Section 3. Paragraph (i) of subsection (6) of section 8 163.3177, Florida Statutes, 1996 Supplement, is amended to 9 read: 10 163.3177 Required and optional elements of 11 comprehensive plan; studies and surveys.-- 12 (6) In addition to the requirements of subsections 13 (1)-(5), the comprehensive plan shall include the following 14 elements: 15 (i) The optional elements of the comprehensive plan in 16 paragraphs (7)(a) and (b) are required elements for those 17 municipalities units of local government having populations 18 greater than 50,000, and those counties having populations 19 greater than 75,000, as determined under s. 186.901. 20 Section 4. Paragraph (c) of subsection (1) of section 21 163.3187, Florida Statutes, 1996 Supplement, is amended to 22 read: 23 163.3187 Amendment of adopted comprehensive plan.-- 24 (1) Amendments to comprehensive plans adopted pursuant 25 to this part may be made not more than two times during any 26 calendar year, except: 27 (c) Any local government comprehensive plan amendments 28 directly related to proposed small scale development 29 activities may be approved without regard to statutory limits 30 on the frequency of consideration of amendments to the local 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 comprehensive plan. A small scale development amendment may 2 be adopted only under the following conditions: 3 1. The proposed amendment involves a use of 10 acres 4 or fewer and: 5 a. The cumulative annual effect of the acreage for all 6 small scale development amendments adopted by the local 7 government shall not exceed: 8 (I) A maximum of 120 acres in a local government that 9 contains areas specifically designated in the local 10 comprehensive plan for urban infill, urban redevelopment, or 11 downtown revitalization as defined in s. 163.3164, 12 transportation concurrency exception areas approved pursuant 13 to s. 163.3180(5), or regional activity centers and urban 14 central business districts approved pursuant to s. 15 380.06(2)(e); however, amendments under this paragraph may be 16 applied to no more than 60 acres annually of property outside 17 the designated areas listed in this sub-sub-subparagraph. 18 (II) A maximum of 80 acres in a local government that 19 does not contain any of the designated areas set forth in 20 sub-sub-subparagraph (I). 21 (III) A maximum of 120 acres in a county established 22 pursuant to s. 9, Art. VIII of the Constitution of 1885. 23 b. The proposed amendment does not involve the same 24 property granted a change within the prior 12 months. 25 c. The proposed amendment does not involve the same 26 owner's property within 200 feet of property granted a change 27 within the prior 12 months. 28 d. The proposed amendment does not involve a text 29 change to the goals, policies, and objectives of the local 30 government's comprehensive plan, but only proposes a land use 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 change to the future land use map for a site-specific small 2 scale development activity. 3 e. The property that is the subject of the proposed 4 amendment is not located within an area of critical state 5 concern. 6 f. If the proposed amendment involves a residential 7 land use, the residential land use has a density of 10 units 8 or less per acre, except that this limitation does not apply 9 to small scale amendments described in sub-sub-subparagraph 10 a.(I) that are designated in the local comprehensive plan for 11 urban infill, urban redevelopment, or downtown revitalization 12 as defined in s. 163.3164, transportation concurrency 13 exception areas approved pursuant to s. 163.3180(5), or 14 regional activity centers and urban central business districts 15 approved pursuant to s. 380.06(2)(e). 16 2.a. A local government that proposes to consider a 17 plan amendment pursuant to this paragraph is not required to 18 comply with the procedures and public notice requirements of 19 s. 163.3184(15)(c) for such plan amendments if the local 20 government complies with the provisions in s. 125.66(4)(a) for 21 a county or in s. 166.041(3)(c) for a municipality. If a 22 request for a plan amendment under this paragraph is initiated 23 by other than the local government, public notice is required. 24 b. The local government shall send copies of the 25 notice and amendment to the state land planning agency, the 26 regional planning council, and any other person or entity 27 requesting a copy. This information shall also include a 28 statement identifying any property subject to the amendment 29 that is located within a coastal high hazard area as 30 identified in the local comprehensive plan. 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 3. Small scale development amendments adopted pursuant 2 to this paragraph require only one public hearing before the 3 governing board, which shall be an adoption hearing as 4 described in s. 163.3184(7), and are not subject to the 5 requirements of s. 163.3184(3)-(6) unless the local government 6 elects to have them subject to those requirements. 7 Section 5. Paragraph (a) of subsection (12) of section 8 163.3191, Florida Statutes, 1996 Supplement, is amended to 9 read: 10 163.3191 Evaluation and appraisal of comprehensive 11 plan.-- 12 (12)(a) The state land planning agency may enter into 13 a written agreement with a municipality of fewer than 5,000 14 residents or a county with fewer than 75,000 50,000 residents 15 so that such a jurisdiction may focus planning resources on 16 selected issues or elements when updating its plan, if the 17 local government includes such a request in its report and the 18 agency approves the request. Approval of the request does not 19 authorize the local government to repeal or render ineffective 20 any existing portion or element of its local plan. 21 Section 6. Paragraph (b) of subsection (1) of section 22 165.061, Florida Statutes, is amended to read: 23 165.061 Standards for incorporation, merger, and 24 dissolution.-- 25 (1) The incorporation of a new municipality, other 26 than through merger of existing municipalities, must meet the 27 following conditions in the area proposed for incorporation: 28 (b) It must have a total population, as determined in 29 the latest official state census, special census, or estimate 30 of population, in the area proposed to be incorporated of at 31 least 1,500 persons in counties with a population of 75,000 or 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 less than 50,000, and of at least 5,000 population in counties 2 with a population of more than 75,000 50,000. 3 Section 7. Paragraph (d) of subsection (2) of section 4 212.055, Florida Statutes, 1996 Supplement, is amended to 5 read: 6 212.055 Discretionary sales surtaxes; legislative 7 intent; authorization and use of proceeds.--It is the 8 legislative intent that any authorization for imposition of a 9 discretionary sales surtax shall be published in the Florida 10 Statutes as a subsection of this section, irrespective of the 11 duration of the levy. Each enactment shall specify the types 12 of counties authorized to levy; the rate or rates which may be 13 imposed; the maximum length of time the surtax may be imposed, 14 if any; the procedure which must be followed to secure voter 15 approval, if required; the purpose for which the proceeds may 16 be expended; and such other requirements as the Legislature 17 may provide. Taxable transactions and administrative 18 procedures shall be as provided in s. 212.054. 19 (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- 20 (d)1. The proceeds of the surtax authorized by this 21 subsection and any interest accrued thereto shall be expended 22 by the school district or within the county and municipalities 23 within the county, or, in the case of a negotiated joint 24 county agreement, within another county, to finance, plan, and 25 construct infrastructure and to acquire land for public 26 recreation or conservation or protection of natural resources 27 and to finance the closure of county-owned or municipally 28 owned solid waste landfills that are already closed or are 29 required to close by order of the Department of Environmental 30 Protection. Any use of such proceeds or interest for purposes 31 of landfill closure prior to July 1, 1993, is ratified. 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 Neither the proceeds nor any interest accrued thereto shall be 2 used for operational expenses of any infrastructure, except 3 that any county with a population of less than 75,000 50,000 4 that is required to close a landfill by order of the 5 Department of Environmental Protection may use the proceeds or 6 any interest accrued thereto for long-term maintenance costs 7 associated with landfill closure. Counties, as defined in s. 8 125.011(1), may, in addition, use the proceeds to retire or 9 service indebtedness incurred for bonds issued prior to July 10 1, 1987, for infrastructure purposes. 11 2. For the purposes of this paragraph, 12 "infrastructure" means: 13 a. Any fixed capital expenditure or fixed capital 14 outlay associated with the construction, reconstruction, or 15 improvement of public facilities which have a life expectancy 16 of 5 or more years and any land acquisition, land improvement, 17 design, and engineering costs related thereto. 18 b. A fire department vehicle, an emergency medical 19 service vehicle, a sheriff's office vehicle, a police 20 department vehicle, or any other vehicle, and such equipment 21 necessary to outfit the vehicle for its official use or 22 equipment that has a life expectancy of at least 5 years. 23 Section 8. Section 218.075, Florida Statutes, is 24 amended to read: 25 218.075 Reduction or waiver of permit processing 26 fees.--Notwithstanding any other provision of law, the 27 Department of Environmental Protection and the water 28 management districts shall reduce or waive permit processing 29 fees for counties with a population of 50,000 or less on April 30 1, 1994, and municipalities with a population of 25,000 or 31 less, or any county or municipality not included within a 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 metropolitan statistical area. Fee reductions or waivers shall 2 be approved on the basis of fiscal hardship or environmental 3 need for a particular project or activity. The governing body 4 must certify that the cost of the permit processing fee is a 5 fiscal hardship due to one of the following factors: 6 (1) Per capita taxable value is less than the 7 statewide average for the current fiscal year; 8 (2) Percentage of assessed property value that is 9 exempt from ad valorem taxation is higher than the statewide 10 average for the current fiscal year; 11 (3) Any condition specified in s. 218.503, that 12 determines a state of financial emergency; 13 (4) Ad valorem operating millage rate for the current 14 fiscal year is greater than 8 mills; or 15 (5) A financial condition that is documented in annual 16 financial statements at the end of the current fiscal year and 17 indicates an inability to pay the permit processing fee during 18 that fiscal year. 19 20 The permit applicant must be the governing body of a county or 21 municipality or a third party under contract with a county or 22 municipality and the project for which the fee reduction or 23 waiver is sought must serve a public purpose. If a permit 24 processing fee is reduced, the total fee shall not exceed 25 $100. 26 Section 9. Paragraph (a) of subsection (2) and 27 paragraph (a) of subsection (7) of section 218.65, Florida 28 Statutes, 1996 Supplement, are amended to read: 29 218.65 Emergency distribution.-- 30 (2) The Legislature hereby finds and declares that a 31 fiscal emergency exists in any county which meets the criteria 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 specified in paragraph (a), if applicable, and the criterion 2 specified in paragraph (b): 3 (a) If the county has a population of 50,000 or above 4 on October 1, 1996: 5 1. In any year from 1977 to 1981, inclusive, the value 6 of net new construction and additions placed on the tax roll 7 for that year was less than 2 percent of the taxable value for 8 school purposes on the roll for that year, exclusive of such 9 net value; or 10 2. The percentage increase in county taxable value 11 from 1979 to 1980, 1980 to 1981, or 1981 to 1982 was less than 12 3 percent. 13 (7)(a) Any county eligible for an emergency 14 distribution pursuant to this section the inmate population of 15 which in any year is greater than 7 percent of the total 16 population of the county is eligible for a supplemental 17 distribution for that year from funds expressly appropriated 18 therefor. At the beginning of each fiscal year, the 19 Department of Revenue shall calculate a supplemental 20 allocation for each eligible county equal to the current per 21 capita limitation pursuant to subsection (4) times the inmate 22 population of the county. If moneys appropriated for 23 distribution pursuant to this section for the current year are 24 less than the sum of supplemental allocations, each eligible 25 county shall receive a share of the appropriated amount 26 proportional to its supplemental allocation. Otherwise, each 27 shall receive an amount equal to its supplemental allocation. 28 Section 10. Paragraph (a) of subsection (3) of section 29 252.373, Florida Statutes, is amended to read: 30 252.373 Allocation of funds; rules.-- 31 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 (3) The department shall allocate funds from the 2 Emergency Management, Preparedness, and Assistance Trust Fund 3 to local emergency management agencies and programs pursuant 4 to criteria specified in rule. Such rules shall include, but 5 are not limited to: 6 (a) Requiring that, at a minimum, a local emergency 7 management agency either: 8 1. Have a program director who works at least 40 hours 9 a week in that capacity; or 10 2. If the county has fewer than 75,000 50,000 11 population or is party to an interjurisdictional emergency 12 management agreement entered into pursuant to s. 252.38(3)(b), 13 that is recognized by the Governor by executive order or rule, 14 have an emergency management coordinator who works at least 20 15 hours a week in that capacity. 16 Section 11. Paragraphs (b) and (e) of subsection (12) 17 of section 259.032, Florida Statutes, 1996 Supplement, are 18 amended to read: 19 259.032 Conservation and Recreation Lands Trust Fund; 20 purpose.-- 21 (12) 22 (b) Payment in lieu of taxes shall be available: 23 1. To counties which levy an ad valorem tax of at 24 least 9 mills or the amount of the tax loss from all completed 25 Preservation 2000 acquisitions in the county exceeds 0.01 26 percent of the county's total taxable value, and have a 27 population of 75,000 or less, and 28 2. To counties with a population of less than 100,000 29 which contain all or a portion of an area of critical state 30 concern designated pursuant to chapter 380 and to local 31 governments within such counties. 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 2 For the purposes of this paragraph, "local government" 3 includes municipalities, the county school board, mosquito 4 control districts, and any other local government entity which 5 levies ad valorem taxes, with the exception of a water 6 management district. 7 (e) The payment amount shall be based on the average 8 amount of actual taxes paid on the property for the 3 years 9 preceding acquisition. Applications for payment in lieu of 10 taxes shall be made no later than January 31 of the year 11 following acquisition. No payment in lieu of taxes shall be 12 made for properties which were exempt from ad valorem taxation 13 for the year immediately preceding acquisition. If property 14 which was subject to ad valorem taxation was acquired by a 15 tax-exempt entity for ultimate conveyance to the state under 16 this chapter, payment in lieu of taxes shall be made for such 17 property based upon the average amount of taxes paid on the 18 property for the 3 years prior to its being removed from the 19 tax rolls. The department shall certify to the Department of 20 Revenue those properties that may be eligible under this 21 provision. Payment in lieu of taxes shall be limited to a 22 total of 10 consecutive years of annual payments, beginning 23 the year a local government becomes eligible. 24 Section 12. Paragraphs (b) and (d) of subsection (14) 25 of section 373.59, Florida Statutes, 1996 Supplement, are 26 amended to read: 27 373.59 Water Management Lands Trust Fund.-- 28 (14) 29 (b) Payment in lieu of taxes shall be available to 30 counties with a for each year in which the levy of ad valorem 31 tax is at least 9 mills or the amount of the tax loss from all 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 completed Preservation 2000 acquisitions in the county exceeds 2 0.01 percent of the county's total taxable value, and the 3 population of is 75,000 or less, and to counties with a 4 population of less than 100,000 which contain all or a portion 5 of an area of critical state concern designated pursuant to 6 chapter 380. 7 (d) The payment amount shall be based on the average 8 amount of actual taxes paid on the property for the 3 years 9 immediately preceding acquisition. For lands purchased prior 10 to July 1, 1992, applications for payment in lieu of taxes 11 shall be made to the districts by January 1, 1993. For lands 12 purchased after July 1, 1992, applications for payment in lieu 13 of taxes shall be made no later than January 31 of the year 14 following acquisition. No payment in lieu of taxes shall be 15 made for properties which were exempt from ad valorem taxation 16 for the year immediately preceding acquisition. Payment in 17 lieu of taxes shall be limited to a period of 10 consecutive 18 years of annual payments, beginning the year a local 19 government becomes eligible. 20 Section 13. Subsection (3) of section 288.063, Florida 21 Statutes, 1996 Supplement, is amended to read: 22 288.063 Contracts for transportation projects.-- 23 (3) With respect to any contract executed pursuant to 24 this section, the term "transportation project" means a 25 transportation facility as defined in s. 334.03(31) which is 26 necessary in the judgment of the Office of Tourism, Trade, and 27 Economic Development to facilitate the economic development 28 and growth of the state. Except for applications received 29 prior to July 1, 1996, such transportation projects shall be 30 approved only as a consideration to attract new employment 31 opportunities to the state or expand or retain employment in 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 existing companies operating within the state, or to allow for 2 the construction or expansion of a state or federal 3 correctional facility in a county with a population of 75,000 4 50,000 or less that creates new employment opportunities or 5 expands or retains employment in the county. The Office of 6 Tourism, Trade, and Economic Development shall institute 7 procedures to ensure that small and minority businesses have 8 equal access to funding provided under this section. Funding 9 for approved transportation projects may include any expenses, 10 other than administrative costs and equipment purchases 11 specified in the contract, necessary for new, or improvement 12 to existing, transportation facilities. 13 Section 14. Paragraph (g) of subsection (1) of section 14 373.441, Florida Statutes, is amended to read: 15 373.441 Role of counties, municipalities, and local 16 pollution control programs in permit processing.-- 17 (1) The department in consultation with the water 18 management districts shall, by December 1, 1994, adopt rules 19 to guide the participation of counties, municipalities, and 20 local pollution control programs in an efficient, streamlined 21 permitting system. Such rules shall seek to increase 22 governmental efficiency, shall maintain environmental 23 standards, and shall include consideration of the following: 24 (g) Special provisions under which the environmental 25 resource permit program may be delegated to counties with 26 populations of 75,000 or less, or municipalities with, or 27 local pollution control programs serving, populations of 28 50,000 or less; and 29 Section 15. Subsection (5) of section 403.4131, 30 Florida Statutes, is amended to read: 31 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 403.4131 "Keep Florida Beautiful, Incorporated"; 2 placement of signs.-- 3 (5) Each county is encouraged to initiate a litter 4 control and prevention program or to expand upon its existing 5 program. The department shall establish a system of grants 6 for municipalities and counties to implement litter control 7 and prevention programs. In addition to the activities 8 described in subsection (1), such grants shall at a minimum be 9 used for litter cleanup, grassroots educational programs 10 involving litter removal and prevention, and the placement of 11 litter and recycling receptacles. Counties are encouraged to 12 form working public private partnerships as authorized under 13 this section to implement litter control and prevention 14 programs at the community level. The grants authorized 15 pursuant to this section shall be incorporated as part of the 16 recycling and education grants. Counties that have a 17 population under 75,000 50,000 are encouraged to develop a 18 regional approach to administering and coordinating their 19 litter control and prevention programs. 20 Section 16. Paragraph (d) of subsection (4) of section 21 403.706, Florida Statutes, is amended to read: 22 403.706 Local government solid waste 23 responsibilities.-- 24 (4) 25 (d) A county with a population of 75,000 50,000 or 26 less may provide its residents with the opportunity to recycle 27 in lieu of achieving the goal set forth in paragraph (a). For 28 the purposes of this subsection, the "opportunity to recycle" 29 means that the county: 30 1.a. Provides a system for separating and collecting 31 recyclable materials prior to disposal that is located at a 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 solid waste management facility or solid waste disposal area; 2 or 3 b. Provides a system of places within the county for 4 collection of source-separated recyclable materials. 5 2. Provides a public education and promotion program 6 that is conducted to inform its residents of the opportunity 7 to recycle, encourages source separation of recyclable 8 materials, and promotes the benefits of reducing, reusing, 9 recycling, and composting materials. 10 11 If a county with a population of 75,000 50,000 or less decides 12 to provide the opportunity to recycle in lieu of achieving the 13 goal set forth in paragraph (a), the county shall notify the 14 department by October 1, 1993, of such decision, and shall 15 provide the department with a description of how the county 16 intends to provide the opportunity to recycle. The department 17 shall take into consideration the description provided by the 18 county in determining the amount of grant moneys to be 19 provided to the county pursuant to s. 403.7095. 20 Section 17. Paragraph (c) of subsection (3) of section 21 403.7061, Florida Statutes, is amended to read: 22 403.7061 Requirements for review of new 23 waste-to-energy facility capacity by the Department of 24 Environmental Protection.-- 25 (3) An applicant must provide reasonable assurance 26 that the construction of a new waste-to-energy facility or the 27 expansion of an existing waste-to-energy facility will comply 28 with the following subsections: 29 (c) The county in which the facility is located will 30 achieve the 30-percent waste reduction goal set forth in s. 31 403.706(4) by the time the facility begins operation. For the 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1589 610-105-97 1 purposes of this section, the provisions of s. 403.706(4)(d) 2 for counties with populations of 75,000 50,000 or less do not 3 apply. 4 Section 18. Paragraph (a) of subsection (7) of section 5 403.7095, Florida Statutes, is amended to read: 6 403.7095 Solid waste management grant program.-- 7 (7)(a) Annual solid waste and recycling grants shall 8 be available to counties with populations of fewer than 75,000 9 50,000. The sum of $50,000 shall be available annually to 10 each eligible county from the Solid Waste Management Trust 11 Fund through 1996. These grants shall be made by October 1 of 12 each year to any county applying to the department prior to 13 August 1 of any given year. 14 Section 19. Paragraph (i) of subsection (1) of section 15 403.719, Florida Statutes, is amended to read: 16 403.719 Waste tire grants.-- 17 (1) The department shall administer a program to make 18 grants to counties that seek, individually or collectively, 19 to: 20 (i) Counties with populations less than 75,000 50,000 21 may use waste tire grants for any solid waste related purpose; 22 or 23 Section 20. This act shall take effect July 1, 1997. 24 25 26 27 28 29 30 31 18