House Bill 1589c2

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998          CS/CS/HB 1589

        By the Committees on Community Affairs, General Government
    Appropriations and Representatives Westbrook, Wiles, Smith,
    Mackey and Boyd




  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, 163.3187,

  7         163.3191, 165.061, 212.055, 218.075, 218.65,

  8         252.373, 265.2861, 403.706, and 403.7095, F.S.,

  9         it shall retain that qualification until it

10         exceeds a population of 75,000; amending s.

11         34.191, F.S.; authorizing boards of county

12         commissioners to assign collection of past due

13         fines and costs to a private attorney or

14         collection agency and authorizing fees for such

15         purposes; amending ss. 163.05, 163.3177,

16         163.3191, 165.061, 212.055, 218.075, 252.373,

17         288.063, 373.441, 403.4131, 403.706, and

18         403.719, F.S., to increase the maximum

19         population limit to qualify as a small county

20         in provisions that establish a technical

21         assistance program for small counties, that

22         provide that certain elements of a local

23         government comprehensive plan are optional for

24         small counties, that authorize the state land

25         planning agency to enter into agreements with

26         small counties to focus on selected issues or

27         elements when updating their comprehensive

28         plans, that provide population requirements for

29         incorporation of municipalities in small

30         counties, that authorize certain small counties

31         to use proceeds of the local government

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         infrastructure surtax for long-term maintenance

  2         costs associated with landfill closure, that

  3         authorize the Department of Environmental

  4         Protection and water management districts to

  5         waive or reduce permit processing fees for

  6         small counties under certain conditions, that

  7         provide criteria that small counties must meet

  8         to qualify for funds from the Emergency

  9         Management, Preparedness, and Assistance Trust

10         Fund, that provide that certain small counties

11         are qualified for contracts with the Office of

12         Tourism, Trade, and Economic Development for

13         transportation projects, that require

14         consideration of special provisions when an

15         environmental resource permit program is

16         delegated to small counties, that encourage a

17         regional approach to litter control and

18         prevention programs in small counties, that

19         authorize small counties to provide their

20         residents with the opportunity to recycle in

21         lieu of achieving solid waste reduction goals,

22         and that provide for the use of waste tire

23         grants by small counties; amending s. 403.7061,

24         F.S., to conform; amending s. 218.65, F.S.,

25         relating to emergency and supplemental

26         distributions from the Local Government

27         Half-cent Sales Tax Clearing Trust Fund;

28         revising the population limitation for purposes

29         of provisions which exempt small counties from

30         certain criteria imposed to qualify for an

31         emergency distribution; deleting a requirement

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         that a county must be eligible for an emergency

  2         distribution in order to qualify for a

  3         supplemental distribution; amending s.

  4         403.7095, F.S.; deleting the expiration date

  5         for annual solid waste and recycling grants to

  6         small counties; providing an effective date.

  7

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

  9

10         Section 1.  Section 327 of chapter 96-410, Laws of

11  Florida, is repealed.

12         Section 2.  Subsection (4) is added to section 34.191,

13  Florida Statutes, to read:

14         34.191  Fines, forfeitures, and costs.--

15         (4)  The board of county commissioners may assign the

16  collection of fines, court costs, and other costs imposed by

17  the court that are past due for 90 days or more to a private

18  attorney or collection agency that is licensed or registered

19  in this state, if the board of county commissioners determines

20  that the assignment is cost-effective and follows established

21  bid practices.  The board of county commissioners may

22  authorize a fee to be added to the outstanding balance to

23  offset any collection costs that will be incurred.

24         Section 3.  Subsection (3) of section 163.05, Florida

25  Statutes, is amended to read:

26         163.05  Small County Technical Assistance Program.--

27         (3)  The purpose of this section is to provide

28  technical assistance to small counties to enable them to

29  implement workable solutions to financial and administrative

30  problems.  As used in this section, "small county" means a

31  county that has a population of 75,000 50,000 or less.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         Section 4.  Paragraph (i) of subsection (6) of section

  2  163.3177, Florida Statutes, is amended to read:

  3         163.3177  Required and optional elements of

  4  comprehensive plan; studies and surveys.--

  5         (6)  In addition to the requirements of subsections

  6  (1)-(5), the comprehensive plan shall include the following

  7  elements:

  8         (i)  The optional elements of the comprehensive plan in

  9  paragraphs (7)(a) and (b) are required elements for those

10  municipalities units of local government having populations

11  greater than 50,000, and those counties having populations

12  greater than 75,000, as determined under s. 186.901.

13         Section 5.  Paragraph (a) of subsection (12) of section

14  163.3191, Florida Statutes, is amended to read:

15         163.3191  Evaluation and appraisal of comprehensive

16  plan.--

17         (12)(a)  The state land planning agency may enter into

18  a written agreement with a municipality of fewer than 5,000

19  residents or a county with fewer than 75,000 50,000 residents

20  so that such a jurisdiction may focus planning resources on

21  selected issues or elements when updating its plan, if the

22  local government includes such a request in its report and the

23  agency approves the request. Approval of the request does not

24  authorize the local government to repeal or render ineffective

25  any existing portion or element of its local plan.

26         Section 6.  Paragraph (b) of subsection (1) of section

27  165.061, Florida Statutes, is amended to read:

28         165.061  Standards for incorporation, merger, and

29  dissolution.--

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         (1)  The incorporation of a new municipality, other

  2  than through merger of existing municipalities, must meet the

  3  following conditions in the area proposed for incorporation:

  4         (b)  It must have a total population, as determined in

  5  the latest official state census, special census, or estimate

  6  of population, in the area proposed to be incorporated of at

  7  least 1,500 persons in counties with a population of 75,000 or

  8  less than 50,000, and of at least 5,000 population in counties

  9  with a population of more than 75,000 50,000.

10         Section 7.  Paragraph (d) of subsection (2) of section

11  212.055, Florida Statutes, is amended to read:

12         212.055  Discretionary sales surtaxes; legislative

13  intent; authorization and use of proceeds.--It is the

14  legislative intent that any authorization for imposition of a

15  discretionary sales surtax shall be published in the Florida

16  Statutes as a subsection of this section, irrespective of the

17  duration of the levy.  Each enactment shall specify the types

18  of counties authorized to levy; the rate or rates which may be

19  imposed; the maximum length of time the surtax may be imposed,

20  if any; the procedure which must be followed to secure voter

21  approval, if required; the purpose for which the proceeds may

22  be expended; and such other requirements as the Legislature

23  may provide.  Taxable transactions and administrative

24  procedures shall be as provided in s. 212.054.

25         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

26         (d)1.  The proceeds of the surtax authorized by this

27  subsection and any interest accrued thereto shall be expended

28  by the school district or within the county and municipalities

29  within the county, or, in the case of a negotiated joint

30  county agreement, within another county, to finance, plan, and

31  construct infrastructure and to acquire land for public

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1  recreation or conservation or protection of natural resources

  2  and to finance the closure of county-owned or municipally

  3  owned solid waste landfills that are already closed or are

  4  required to close by order of the Department of Environmental

  5  Protection. Any use of such proceeds or interest for purposes

  6  of landfill closure prior to July 1, 1993, is ratified.

  7  Neither the proceeds nor any interest accrued thereto shall be

  8  used for operational expenses of any infrastructure, except

  9  that any county with a population of less than 75,000 50,000

10  that is required to close a landfill by order of the

11  Department of Environmental Protection may use the proceeds or

12  any interest accrued thereto for long-term maintenance costs

13  associated with landfill closure. Counties, as defined in s.

14  125.011(1), may, in addition, use the proceeds to retire or

15  service indebtedness incurred for bonds issued prior to July

16  1, 1987, for infrastructure purposes.

17         2.  For the purposes of this paragraph,

18  "infrastructure" means:

19         a.  Any fixed capital expenditure or fixed capital

20  outlay associated with the construction, reconstruction, or

21  improvement of public facilities which have a life expectancy

22  of 5 or more years and any land acquisition, land improvement,

23  design, and engineering costs related thereto.

24         b.  A fire department vehicle, an emergency medical

25  service vehicle, a sheriff's office vehicle, a police

26  department vehicle, or any other vehicle, and such equipment

27  necessary to outfit the vehicle for its official use or

28  equipment that has a life expectancy of at least 5 years.

29         Section 8.  Section 218.075, Florida Statutes, is

30  amended to read:

31

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         218.075  Reduction or waiver of permit processing

  2  fees.--Notwithstanding any other provision of law, the

  3  Department of Environmental Protection and the water

  4  management districts shall reduce or waive permit processing

  5  fees for counties with a population of 50,000 or less on April

  6  1, 1994, until such counties exceed a population of 75,000 and

  7  municipalities with a population of 25,000 or less, or any

  8  county or municipality not included within a metropolitan

  9  statistical area. Fee reductions or waivers shall be approved

10  on the basis of fiscal hardship or environmental need for a

11  particular project or activity. The governing body must

12  certify that the cost of the permit processing fee is a fiscal

13  hardship due to one of the following factors:

14         (1)  Per capita taxable value is less than the

15  statewide average for the current fiscal year;

16         (2)  Percentage of assessed property value that is

17  exempt from ad valorem taxation is higher than the statewide

18  average for the current fiscal year;

19         (3)  Any condition specified in s. 218.503, that

20  determines a state of financial emergency;

21         (4)  Ad valorem operating millage rate for the current

22  fiscal year is greater than 8 mills; or

23         (5)  A financial condition that is documented in annual

24  financial statements at the end of the current fiscal year and

25  indicates an inability to pay the permit processing fee during

26  that fiscal year.

27

28  The permit applicant must be the governing body of a county or

29  municipality or a third party under contract with a county or

30  municipality and the project for which the fee reduction or

31  waiver is sought must serve a public purpose. If a permit

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1  processing fee is reduced, the total fee shall not exceed

  2  $100.

  3         Section 9.  Paragraph (a) of subsection (2) and

  4  paragraph (a) of subsection (7) of section 218.65, Florida

  5  Statutes, are amended to read:

  6         218.65  Emergency distribution.--

  7         (2)  The Legislature hereby finds and declares that a

  8  fiscal emergency exists in any county which meets the criteria

  9  specified in paragraph (a), if applicable, and the criterion

10  specified in paragraph (b):

11         (a)  If the county has a population of 65,000 50,000 or

12  above:

13         1.  In any year from 1977 to 1981, inclusive, the value

14  of net new construction and additions placed on the tax roll

15  for that year was less than 2 percent of the taxable value for

16  school purposes on the roll for that year, exclusive of such

17  net value; or

18         2.  The percentage increase in county taxable value

19  from 1979 to 1980, 1980 to 1981, or 1981 to 1982 was less than

20  3 percent.

21         (7)(a)  Any county eligible for an emergency

22  distribution pursuant to this section the inmate population of

23  which in any year is greater than 7 percent of the total

24  population of the county is eligible for a supplemental

25  distribution for that year from funds expressly appropriated

26  therefor.  At the beginning of each fiscal year, the

27  Department of Revenue shall calculate a supplemental

28  allocation for each eligible county equal to the current per

29  capita limitation pursuant to subsection (4) times the inmate

30  population of the county.  If moneys appropriated for

31  distribution pursuant to this section for the current year are

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1  less than the sum of supplemental allocations, each eligible

  2  county shall receive a share of the appropriated amount

  3  proportional to its supplemental allocation.  Otherwise, each

  4  shall receive an amount equal to its supplemental allocation.

  5         Section 10.  Paragraph (a) of subsection (3) of section

  6  252.373, Florida Statutes, is amended to read:

  7         252.373  Allocation of funds; rules.--

  8         (3)  The department shall allocate funds from the

  9  Emergency Management, Preparedness, and Assistance Trust Fund

10  to local emergency management agencies and programs pursuant

11  to criteria specified in rule.  Such rules shall include, but

12  are not limited to:

13         (a)  Requiring that, at a minimum, a local emergency

14  management agency either:

15         1.  Have a program director who works at least 40 hours

16  a week in that capacity; or

17         2.  If the county has fewer than 75,000 50,000

18  population or is party to an interjurisdictional emergency

19  management agreement entered into pursuant to s. 252.38(3)(b),

20  that is recognized by the Governor by executive order or rule,

21  have an emergency management coordinator who works at least 20

22  hours a week in that capacity.

23         Section 11.  Subsection (3) of section 288.063, Florida

24  Statutes, is amended to read:

25         288.063  Contracts for transportation projects.--

26         (3)  With respect to any contract executed pursuant to

27  this section, the term "transportation project" means a

28  transportation facility as defined in s. 334.03(31) which is

29  necessary in the judgment of the Office of Tourism, Trade, and

30  Economic Development to facilitate the economic development

31  and growth of the state. Except for applications received

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1  prior to July 1, 1996, such transportation projects shall be

  2  approved only as a consideration to attract new employment

  3  opportunities to the state or expand or retain employment in

  4  existing companies operating within the state, or to allow for

  5  the construction or expansion of a state or federal

  6  correctional facility in a county with a population of 75,000

  7  50,000 or less that creates new employment opportunities or

  8  expands or retains employment in the county. The Office of

  9  Tourism, Trade, and Economic Development shall institute

10  procedures to ensure that small and minority businesses have

11  equal access to funding provided under this section. Funding

12  for approved transportation projects may include any expenses,

13  other than administrative costs and equipment purchases

14  specified in the contract, necessary for new, or improvement

15  to existing, transportation facilities. Funds made available

16  pursuant to this section may not be expended in connection

17  with the relocation of a business from one community to

18  another community in this state unless the Office of Tourism,

19  Trade, and Economic Development determines that without such

20  relocation the business will move outside this state or

21  determines that the business has a compelling economic

22  rationale for the relocation which creates additional jobs.

23         Section 12.  Subsection (1) of section 373.441, Florida

24  Statutes, is amended to read:

25         373.441  Role of counties, municipalities, and local

26  pollution control programs in permit processing.--

27         (1)  The department in consultation with the water

28  management districts shall, by December 1, 1994, adopt rules

29  to guide the participation of counties, municipalities, and

30  local pollution control programs in an efficient, streamlined

31  permitting system.  Such rules shall seek to increase

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1  governmental efficiency, shall maintain environmental

  2  standards, and shall include consideration of the following:

  3         (a)  Provisions under which the environmental resource

  4  permit program shall be delegated, upon approval of the

  5  department and the appropriate water management districts, to

  6  a county, municipality, or local pollution control program

  7  which has the financial, technical, and administrative

  8  capabilities and desire to implement and enforce the program;

  9         (b)  Provisions under which a locally delegated permit

10  program may have stricter environmental standards than state

11  standards;

12         (c)  Provisions for identifying and reconciling any

13  duplicative permitting by January 1, 1995;

14         (d)  Provisions for timely and cost-efficient

15  notification by the reviewing agency of permit applications,

16  and permit requirements, to counties, municipalities, local

17  pollution control programs, the department, or water

18  management districts, as appropriate;

19         (e)  Provisions for ensuring the consistency of permit

20  applications with local comprehensive plans;

21         (f)  Provisions for the partial delegation of the

22  environmental resource permit program to counties,

23  municipalities, or local pollution control programs, and

24  standards and criteria to be employed in the implementation of

25  such delegation by counties, municipalities, and local

26  pollution control programs;

27         (g)  Special provisions under which the environmental

28  resource permit program may be delegated to counties with

29  populations of 75,000 or less, or municipalities with, or

30  local pollution control programs serving, populations of

31  50,000 or less; and

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         (h)  Provisions for the applicability of chapter 120 to

  2  local government programs when the environmental resource

  3  permit program is delegated to counties, municipalities, or

  4  local pollution control programs.

  5         Section 13.  Subsection (5) of section 403.4131,

  6  Florida Statutes, is amended to read:

  7         403.4131  "Keep Florida Beautiful, Incorporated";

  8  placement of signs.--

  9         (5)  Each county is encouraged to initiate a litter

10  control and prevention program or to expand upon its existing

11  program.  The department shall establish a system of grants

12  for municipalities and counties to implement litter control

13  and prevention programs.  In addition to the activities

14  described in subsection (1), such grants shall at a minimum be

15  used for litter cleanup, grassroots educational programs

16  involving litter removal and prevention, and the placement of

17  litter and recycling receptacles.  Counties are encouraged to

18  form working public private partnerships as authorized under

19  this section to implement litter control and prevention

20  programs at the community level. The grants authorized

21  pursuant to this section shall be incorporated as part of the

22  recycling and education grants. Counties that have a

23  population under 75,000 50,000 are encouraged to develop a

24  regional approach to administering and coordinating their

25  litter control and prevention programs.

26         Section 14.  Paragraph (d) of subsection (4) of section

27  403.706, Florida Statutes, is amended to read:

28         403.706  Local government solid waste

29  responsibilities.--

30         (4)

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         (d)  A county with a population of 75,000 50,000 or

  2  less may provide its residents with the opportunity to recycle

  3  in lieu of achieving the goal set forth in paragraph (a).  For

  4  the purposes of this subsection, the "opportunity to recycle"

  5  means that the county:

  6         1.a.  Provides a system for separating and collecting

  7  recyclable materials prior to disposal that is located at a

  8  solid waste management facility or solid waste disposal area;

  9  or

10         b.  Provides a system of places within the county for

11  collection of source-separated recyclable materials.

12         2.  Provides a public education and promotion program

13  that is conducted to inform its residents of the opportunity

14  to recycle, encourages source separation of recyclable

15  materials, and promotes the benefits of reducing, reusing,

16  recycling, and composting materials.

17

18  If a county with a population of 75,000 50,000 or less decides

19  to provide the opportunity to recycle in lieu of achieving the

20  goal set forth in paragraph (a), the county shall notify the

21  department by October 1, 1993, of such decision, and shall

22  provide the department with a description of how the county

23  intends to provide the opportunity to recycle.  The department

24  shall take into consideration the description provided by the

25  county in determining the amount of grant moneys to be

26  provided to the county pursuant to s. 403.7095.

27         Section 15.  Paragraph (c) of subsection (3) of section

28  403.7061, Florida Statutes, is amended to read:

29         403.7061  Requirements for review of new

30  waste-to-energy facility capacity by the Department of

31  Environmental Protection.--

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         (3)  An applicant must provide reasonable assurance

  2  that the construction of a new waste-to-energy facility or the

  3  expansion of an existing waste-to-energy facility will comply

  4  with the following subsections:

  5         (c)  The county in which the facility is located will

  6  achieve the 30-percent waste reduction goal set forth in s.

  7  403.706(4) by the time the facility begins operation. For the

  8  purposes of this section, the provisions of s. 403.706(4)(d)

  9  for counties with populations of 75,000 50,000 or less do not

10  apply.

11         Section 16.  Paragraph (a) of subsection (7) of section

12  403.7095, Florida Statutes, is amended to read:

13         403.7095  Solid waste management grant program.--

14         (7)(a)  Annual solid waste and recycling grants shall

15  be available to counties with populations of fewer than

16  100,000. The sum of $50,000 shall be available annually to

17  each eligible county from the Solid Waste Management Trust

18  Fund through June 30, 1998.  These grants shall be made by

19  October 1 of each year to any county applying to the

20  department prior to August 1 of any given year.

21         Section 17.  Subsection (1) of section 403.719, Florida

22  Statutes, is amended to read:

23         403.719  Waste tire grants.--

24         (1)  The department shall administer a program to make

25  grants to counties that seek, individually or collectively,

26  to:

27         (a)  Construct or operate, or contract for the

28  construction or operation of, a waste tire processing facility

29  and equipment purchases therefor;

30         (b)  Contract for a waste tire processing facility

31  service within or outside the county or state;

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 1589

    171-586-98






  1         (c)  Collect and remove, or contract for the collection

  2  and removal of, waste tires from waste tire piles or other

  3  areas within the county. Removal of waste tires may include

  4  transportation outside the county, region, or state;

  5         (d)  Perform, or contract for the performance of,

  6  research designed to facilitate waste tire recycling and to

  7  operate recycling and education programs;

  8         (e)  Establish waste tire collection centers at solid

  9  waste disposal facilities or waste tire processing facilities;

10         (f)  Provide incentives for establishing privately

11  operated waste tire collection centers for the public;

12         (g)  Perform, or contract for the performance of,

13  enforcement and prevention activities to prevent the illegal

14  transportation and disposal of waste tires and other solid

15  waste materials;

16         (h)  Purchase materials and products made from waste

17  tires that are collected and recycled within this state;

18         (i)  Counties with populations less than 75,000 50,000

19  may use waste tire grants for any solid waste related purpose;

20  or

21         (j)  In addition to the use specified in paragraph (c),

22  abate mosquitoes and provide mosquito control at waste tire

23  sites, other tire piles, and other sites in the county

24  identified by local mosquito control agencies as mosquito

25  breeding areas.

26         Section 18.  This act shall take effect July 1 of the

27  year in which enacted.

28

29

30

31

                                  15