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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment (with title amendment) 

14  remove from the bill:  everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  (1)  SOLID WASTE COLLECTION SERVICES IN

18  COMPETITION WITH PRIVATE COMPANIES.--

19         (a)  A local government that provides specific solid

20  waste collection services in direct competition with a private

21  company:

22         1.  Shall comply with the provisions of local

23  environmental, health, and safety standards that also are

24  applicable to a private company providing such collection

25  services in competition with the local government.

26         2.  Shall not enact or enforce any license, permit,

27  registration procedure, or associated fee that:

28         a.  Does not apply to the local government and for

29  which there is not a substantially similar requirement that

30  applies to the local government; and

31         b.  Provides the local government with a material

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1  advantage in its ability to compete with a private company in

 2  terms of cost or ability to promptly or efficiently provide

 3  such collection services.  Nothing in this sub-subparagraph

 4  shall apply to any zoning, land use, or comprehensive plan

 5  requirement.

 6         (b)1.  A private company with which a local government

 7  is in competition may bring an action to enjoin a violation of

 8  paragraph (a) against any local government.  No injunctive

 9  relief shall be granted if the official action which forms the

10  basis for the suit bears a reasonable relationship to the

11  health, safety, or welfare of the citizens of the local

12  government unless the court finds that the actual or potential

13  anticompetitive effects outweigh the public benefits of the

14  challenged action.

15         2.  As a condition precedent to the institution of an

16  action pursuant to this paragraph, the complaining party shall

17  first file with the local government a notice referencing this

18  paragraph and setting forth the specific facts upon which the

19  complaint is based and the manner in which the complaining

20  party is affected.  The complaining party may provide evidence

21  to substantiate the claims made in the complaint.  Within 30

22  days after receipt of such a complaint, the local government

23  shall respond in writing to the complaining party explaining

24  the corrective action taken, if any.  If no response is

25  received within 30 days or if appropriate corrective action is

26  not taken within a reasonable time, the complaining party may

27  institute the judicial proceedings authorized in this

28  paragraph.  However, failure to comply with this subparagraph

29  shall not bar an action for a temporary restraining order to

30  prevent immediate and irreparable harm from the conduct or

31  activity complained of.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1         3.  The court may, in its discretion, award to the

 2  prevailing party or parties costs and reasonable attorneys'

 3  fees.

 4         (c)  This subsection does not apply when the local

 5  government is exclusively providing the specific solid waste

 6  management services itself or pursuant to an exclusive

 7  franchise.

 8         (2)  SOLID WASTE COLLECTION SERVICES OUTSIDE

 9  JURISDICTION.--

10         (a)  Notwithstanding s. 542.235, Florida Statutes, or

11  any other provision of law, a local government that provides

12  solid waste collection services outside its jurisdiction in

13  direct competition with private companies is subject to the

14  same prohibitions against predatory pricing applicable to

15  private companies.

16         (b)  Any person injured by reason of violation of this

17  subsection may sue therefor in the circuit courts of this

18  state and shall be entitled to injunctive relief and to

19  recover the damages and the costs of suit.  The court may, in

20  its discretion, award to the prevailing party or parties

21  reasonable attorneys' fees.  An action for damages under this

22  subsection must be commenced within 4 years.  No person may

23  obtain injunctive relief or recover damages under this

24  subsection for any injury that results from actions taken by a

25  local government in direct response to a natural disaster or

26  similar occurrence for which an emergency is declared by

27  executive order or proclamation of the Governor pursuant to s.

28  252.36, Florida Statutes, or for which such a declaration

29  might be reasonably anticipated within the area covered by

30  such executive order or proclamation.

31         (c)  As a condition precedent to the institution of an

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1  action pursuant to this subsection, the complaining party

 2  shall first file with the local government a notice

 3  referencing this subsection and setting forth the specific

 4  facts upon which the complaint is based and the manner in

 5  which the complaining party is affected.  Within 30 days after

 6  receipt of such complaint, the local government shall respond

 7  in writing to the complaining party explaining the corrective

 8  action taken, if any.  If the local government denies that it

 9  has engaged in conduct that is prohibited by this subsection,

10  its response shall include an explanation showing why the

11  conduct complained of does not constitute predatory pricing.

12         (d)  For the purposes of this subsection, the

13  jurisdiction of a county, special district, or solid waste

14  authority shall include all incorporated and unincorporated

15  areas within the county, special district, or solid waste

16  authority.

17         (3)  DISPLACEMENT OF PRIVATE WASTE COMPANIES.--

18         (a)  As used in this subsection, the term

19  "displacement" means a local government's provision of a

20  collection service which prohibits a private company from

21  continuing to provide the same service that it was providing

22  when the decision to displace was made.  The term does not

23  include:

24         1.  Competition between the public sector and private

25  companies for individual contracts;

26         2.  Actions by which a local government, at the end of

27  a contract with a private company, refuses to renew the

28  contract and either awards the contract to another private

29  company or decides for any reason to provide the collection

30  service itself;

31         3.  Actions taken against a private company because the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1  company has acted in a manner threatening to the public health

 2  or safety or resulting in a substantial public nuisance;

 3         4.  Actions taken against a private company because the

 4  company has materially breached its contract with the local

 5  government;

 6         5.  Refusal by a private company to continue operations

 7  under the terms and conditions of its existing agreement

 8  during the 3-year notice period;

 9         6.  Entering into a contract with a private company to

10  provide garbage, trash, or refuse collection which contract is

11  not entered into under an ordinance that displaces or

12  authorizes the displacement of another private company

13  providing garbage, trash, or refuse collection;

14         7.  Situations in which a majority of the property

15  owners in the displacement area petition the governing body to

16  take over the collection service;

17         8.  Situations in which the private companies are

18  licensed or permitted to do business within the local

19  government for a limited time and such license or permit

20  expires and is not renewed by the local government.  This

21  subparagraph does not apply to licensing or permitting

22  processes enacted after May 1, 1999, or to occupational

23  licenses; or

24         9.  Annexations, to the extent that the provisions of

25  s. 171.062(4), Florida Statutes, apply.

26         (b)  A local government or combination of local

27  governments may not displace a private company that provides

28  garbage, trash, or refuse collection service without first:

29         1.  Holding at least one public hearing seeking comment

30  on the advisability of the local government or combination of

31  local governments providing the service.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1         2.  Providing at least 45 days' written notice of the

 2  hearing, delivered by first-class mail to all private

 3  companies that provide the service within the jurisdiction.

 4         3.  Providing public notice of the hearing.

 5         (c)  Following the final public hearing held under

 6  paragraph (b), but not later than 1 year after the hearing,

 7  the local government may proceed to take those measures

 8  necessary to provide the service.  A local government shall

 9  provide 3 years' notice to a private company before it engages

10  in the actual provision of the service that displaces the

11  company.  As an alternative to delaying displacement 3 years,

12  a local government may pay a displaced company an amount equal

13  to the company's preceding 15 months' gross receipts for the

14  displaced service in the displacement area.  The 3-year notice

15  period shall lapse as to any private company being displaced

16  when the company ceases to provide service within the

17  displacement area.  Nothing in this paragraph prohibits the

18  local government and the company from voluntarily negotiating

19  a different notice period or amount of compensation.

20         (4)  DEFINITIONS.--As used in this section:

21         (a)  "In competition" or "in direct competition" means

22  the vying between a local government and a private company to

23  provide substantially similar solid waste collection services

24  to the same customer or market.

25         (b)  "Private company" means any entity other than a

26  local government or other unit of government that provides

27  solid waste collection services.

28         Section 2.  Subsection (5) is added to section 171.062,

29  Florida Statutes, to read:

30         171.062  Effects of annexations or contractions.--

31         (5)  A party that has a contract that was in effect for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1  at least 6 months prior to the initiation of an annexation to

 2  provide solid waste collection services in an unincorporated

 3  area may continue to provide such services to an annexed area

 4  for 5 years or the remainder of the contract term, whichever

 5  is shorter.  Within a reasonable time following a written

 6  request to do so, the party shall provide the annexing

 7  municipality with a copy of the pertinent portion of the

 8  contract or other written evidence showing the duration of the

 9  contract, excluding any automatic renewals or so-called

10  "evergreen" provisions. This subsection does not apply to

11  contracts to provide solid waste collection services to

12  single-family residential properties in those enclaves

13  described in s. 171.046.

14         Section 3.  Paragraph (d) is added to subsection (2) of

15  section 165.061, Florida Statutes, to read:

16         165.061  Standards for incorporation, merger, and

17  dissolution.--

18         (2)  The incorporation of a new municipality through

19  merger of existing municipalities and associated

20  unincorporated areas must meet the following conditions:

21         (d)  In accordance with s. 10, Art. I of the State

22  Constitution, the plan for merger or incorporation must honor

23  existing solid waste contracts in the affected geographic area

24  subject to merger or incorporation; however, the plan for

25  merger or incorporation may provide that existing contracts

26  for solid waste collection services shall be honored only for

27  5 years or the remainder of the contract term, whichever is

28  shorter, and may require that a copy of the pertinent portion

29  of the contract or other written evidence of the duration of

30  the contract, excluding any automatic renewals or so-called

31  "evergreen" provisions, be provided to the municipality within

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1  a reasonable time following a written request to do so.

 2         Section 4.  This act shall take effect October 1, 2000.

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 4

 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7  remove from the title of the bill:  the entire title

 8

 9  and insert in lieu thereof:

10                      A bill to be entitled

11         An act relating to solid waste; providing

12         requirements for local governments providing

13         solid waste collection services in competition

14         with private companies; providing remedies for

15         such private companies; providing procedures

16         and requirements; providing for award of

17         damages, costs, and attorney fees; providing

18         application; providing limitations for local

19         government solid waste collection services

20         outside the jurisdiction of the local

21         government; providing remedies for certain

22         injured parties; providing requirements and

23         procedures; prohibiting local governments from

24         displacing private waste collection companies

25         under certain circumstances; providing

26         requirements; providing procedures and

27         requirements for such displacement; providing

28         definitions; amending s. 171.062, F.S.;

29         providing for continuation of certain solid

30         waste services in certain annexed areas;

31         providing an exception; amending s. 165.061,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1425

    Amendment No. 01 (for drafter's use only)





 1         F.S.; providing for certain merger plans to

 2         honor certain solid waste contracts; providing

 3         limitations; providing an effective date.

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