CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 436
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator King moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 3, between lines 29 and 30,
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16 insert:
17 Section 2. Solid waste collection services.--
18 (1) SOLID WASTE COLLECTION SERVICES IN COMPETITION
19 WITH PRIVATE COMPANIES.--
20 (a) A local government that provides specific solid
21 waste collection services in direct competition with a private
22 company:
23 1. Shall comply with the provisions of local
24 environmental, health, and safety standards that also are
25 applicable to a private company providing such collection
26 services in competition with the local government.
27 2. Shall not enact or enforce any license, permit,
28 registration procedure, or associated fee that:
29 a. Does not apply to the local government and for
30 which there is not a substantially similar requirement that
31 applies to the local government; and
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1 b. Provides the local government with a material
2 advantage in its ability to compete with a private company in
3 terms of cost or ability to promptly or efficiently provide
4 such collection services. Nothing in this sub-subparagraph
5 shall apply to any zoning, land use, or comprehensive plan
6 requirement.
7 (b)1. A private company with which a local government
8 is in competition may bring an action to enjoin a violation of
9 paragraph (a) against any local government. No injunctive
10 relief shall be granted if the official action that forms the
11 basis for the suit bears a reasonable relationship to the
12 health, safety, or welfare of the citizens of the local
13 government unless the court finds that the actual or potential
14 anticompetitive effects outweigh the public benefits of the
15 challenged action.
16 2. As a condition precedent to the institution of an
17 action pursuant to this paragraph, the complaining party shall
18 first file with the local government a notice referencing this
19 paragraph and setting forth the specific facts upon which the
20 complaint is based and the manner in which the complaining
21 party is affected. The complaining party may provide evidence
22 to substantiate the claims made in the complaint. Within 30
23 days after receipt of such a complaint, the local government
24 shall respond in writing to the complaining party explaining
25 the corrective action taken, if any. If no response is
26 received within 30 days or if appropriate corrective action is
27 not taken within a reasonable time, the complaining party may
28 institute the judicial proceedings authorized in this
29 paragraph. However, failure to comply with this subparagraph
30 shall not bar an action for a temporary restraining order to
31 prevent immediate and irreparable harm from the conduct or
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1 activity complained of.
2 3. The court may, in its discretion, award to the
3 prevailing party or parties costs and reasonable attorney's
4 fees.
5 (c) This subsection does not apply when the local
6 government is exclusively providing the specific solid waste
7 collection services itself or pursuant to an exclusive
8 franchise.
9 (2) SOLID WASTE COLLECTION SERVICES OUTSIDE
10 JURISDICTION.--
11 (a) Notwithstanding section 542.235, Florida Statutes,
12 or any other provision of law, a local government that
13 provides solid waste collection services outside its
14 jurisdiction in direct competition with private companies is
15 subject to the same prohibitions against predatory pricing
16 applicable to private companies under sections 542.18 and
17 542.19, Florida Statutes.
18 (b) Any person injured by reason of violation of this
19 subsection may sue therefor in the circuit courts of this
20 state and shall be entitled to injunctive relief and to
21 recover the damages and the costs of suit. The court may, in
22 its discretion, award to the prevailing party or parties
23 reasonable attorney's fees. An action for damages under this
24 subsection must be commenced within 4 years. No person may
25 obtain injunctive relief or recover damages under this
26 subsection for any injury that results from actions taken by a
27 local government in direct response to a natural disaster or
28 similar occurrence for which an emergency is declared by
29 executive order or proclamation of the Governor pursuant to
30 section 252.36, Florida Statutes, or for which such a
31 declaration might be reasonably anticipated within the area
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1 covered by such executive order or proclamation.
2 (c) As a condition precedent to the institution of an
3 action pursuant to this subsection, the complaining party
4 shall first file with the local government a notice
5 referencing this subsection and setting forth the specific
6 facts upon which the complaint is based and the manner in
7 which the complaining party is affected. Within 30 days after
8 receipt of such complaint, the local government shall respond
9 in writing to the complaining party explaining the corrective
10 action taken, if any. If the local government denies that it
11 has engaged in conduct that is prohibited by this subsection,
12 its response shall include an explanation showing why the
13 conduct complained of does not constitute predatory pricing.
14 (d) For the purposes of this subsection, the
15 jurisdiction of a county, special district, or solid waste
16 authority shall include all incorporated and unincorporated
17 areas within the county, special district, or solid waste
18 authority.
19 (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.--
20 (a) As used in this subsection, the term
21 "displacement" means a local government's provision of a
22 collection service which prohibits a private company from
23 continuing to provide the same service that it was providing
24 when the decision to displace was made. The term does not
25 include:
26 1. Competition between the public sector and private
27 companies for individual contracts;
28 2. Actions by which a local government, at the end of
29 a contract with a private company, refuses to renew the
30 contract and either awards the contract to another private
31 company or decides for any reason to provide the collection
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1 service itself;
2 3. Actions taken against a private company because the
3 company has acted in a manner threatening to the public health
4 or safety or resulting in a substantial public nuisance;
5 4. Actions taken against a private company because the
6 company has materially breached its contract with the local
7 government;
8 5. Refusal by a private company to continue operations
9 under the terms and conditions of its existing agreement
10 during the 3-year notice period;
11 6. Entering into a contract with a private company to
12 provide garbage, trash, or refuse collection which contract is
13 not entered into under an ordinance that displaces or
14 authorizes the displacement of another private company
15 providing garbage, trash, or refuse collection;
16 7. Situations in which a majority of the property
17 owners in the displacement area petition the governing body to
18 take over the collection service;
19 8. Situations in which the private companies are
20 licensed or permitted to do business within the local
21 government for a limited time and such license or permit
22 expires and is not renewed by the local government. This
23 subparagraph does not apply to licensing or permitting
24 processes enacted after May 1, 1999, or to occupational
25 licenses; or
26 9. Annexations, to the extent that the provisions of
27 section 171.062(4), Florida Statutes, apply.
28 (b) A local government or combination of local
29 governments may not displace a private company that provides
30 garbage, trash, or refuse collection service without first:
31 1. Holding at least one public hearing seeking comment
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1 on the advisability of the local government or combination of
2 local governments providing the service.
3 2. Providing at least 45 days' written notice of the
4 hearing, delivered by first-class mail to all private
5 companies that provide the service within the jurisdiction.
6 3. Providing public notice of the hearing.
7 (c) Following the final public hearing held under
8 paragraph (b), but not later than 1 year after the hearing,
9 the local government may proceed to take those measures
10 necessary to provide the service. A local government shall
11 provide 3 years' notice to a private company before it engages
12 in the actual provision of the service that displaces the
13 company. As an alternative to delaying displacement 3 years,
14 a local government may pay a displaced company an amount equal
15 to the company's preceding 15 months' gross receipts for the
16 displaced service in the displacement area. The 3-year notice
17 period shall lapse as to any private company being displaced
18 when the company ceases to provide service within the
19 displacement area. Nothing in this paragraph prohibits the
20 local government and the company from voluntarily negotiating
21 a different notice period or amount of compensation.
22 (4) DEFINITIONS.--As used in this section:
23 (a) "In competition" or "in direct competition" means
24 the vying between a local government and a private company to
25 provide substantially similar solid waste collection services
26 to the same customer.
27 (b) "Private company" means any entity other than a
28 local government or other unit of government that provides
29 solid waste collection services.
30 Section 3. Subsection (5) is added to section 171.062,
31 Florida Statutes, to read:
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1 171.062 Effects of annexations or contractions.--
2 (5) A party that has a contract that was in effect for
3 at least 6 months prior to the initiation of an annexation to
4 provide solid waste collection services in an unincorporated
5 area may continue to provide such services to an annexed area
6 for 5 years or the remainder of the contract term, whichever
7 is shorter. Within a reasonable time following a written
8 request to do so, the party shall provide the annexing
9 municipality with a copy of the pertinent portion of the
10 contract or other written evidence showing the duration of the
11 contract, excluding any automatic renewals or so-called
12 "evergreen" provisions. This subsection does not apply to
13 contracts to provide solid waste collection services to
14 single-family residential properties in those enclaves
15 described in s. 171.046.
16 Section 4. Paragraph (d) is added to subsection (2) of
17 section 165.061, Florida Statutes, to read:
18 165.061 Standards for incorporation, merger, and
19 dissolution.--
20 (2) The incorporation of a new municipality through
21 merger of existing municipalities and associated
22 unincorporated areas must meet the following conditions:
23 (d) In accordance with s. 10, Art. I of the State
24 Constitution, the plan for merger or incorporation must honor
25 existing solid waste contracts in the affected geographic area
26 subject to merger or incorporation; however, the plan for
27 merger or incorporation may provide that existing contracts
28 for solid waste collection services shall be honored only for
29 5 years or the remainder of the contract term, whichever is
30 shorter, and may require that a copy of the pertinent portion
31 of the contract or other written evidence of the duration of
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1 the contract, excluding any automatic renewals or so-called
2 "evergreen" provisions, be provided to the municipality within
3 a reasonable time following a written request to do so.
4 Section 5. Paragraph (a) of subsection (6) of section
5 403.087, Florida Statutes, is amended to read:
6 403.087 Permits; general issuance; denial; revocation;
7 prohibition; penalty.--
8 (6)(a) The department shall require a processing fee
9 in an amount sufficient, to the greatest extent possible, to
10 cover the costs of reviewing and acting upon any application
11 for a permit or request for site-specific alternative criteria
12 or for an exemption from water quality criteria and to cover
13 the costs of surveillance and other field services and related
14 support activities associated with any permit or plan approval
15 issued pursuant to this chapter. However, when an application
16 is received without the required fee, the department shall
17 acknowledge receipt of the application and shall immediately
18 return the unprocessed application to the applicant and shall
19 take no further action until the application is received with
20 the appropriate fee. The department shall adopt a schedule of
21 fees by rule, subject to the following limitations:
22 1. The permit fee for any of the following permits may
23 not exceed $32,500:
24 a. Hazardous waste, construction permit.
25 b. Hazardous waste, operation permit.
26 c. Hazardous waste, post-closure closure permit, or
27 clean-closure-plan approval.
28 2. The permit fee for a Class I injection well
29 construction permit may not exceed $12,500.
30 3. The permit fee for any of the following permits may
31 not exceed $10,000:
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1 a. Solid waste, construction permit.
2 b. Solid waste, operation permit.
3 c. Class I injection well, operation permit.
4 4. The permit fee for any of the following permits may
5 not exceed $7,500:
6 a. Air pollution, construction permit.
7 b. Solid waste, closure permit.
8 c. Drinking water, construction or operation permit.
9 d. Domestic waste residuals, construction or operation
10 permit.
11 e. Industrial waste, operation permit.
12 f. Industrial waste, construction permit.
13 5. The permit fee for any of the following permits may
14 not exceed $5,000:
15 a. Domestic waste, operation permit.
16 b. Domestic waste, construction permit.
17 6. The permit fee for any of the following permits may
18 not exceed $4,000:
19 a. Wetlands resource management--(dredge and fill),
20 standard form permit.
21 b. Hazardous waste, research and development permit.
22 c. Air pollution, operation permit, for sources not
23 subject to s. 403.0872.
24 d. Class III injection well, construction, operation,
25 or abandonment permits.
26 7. The permit fee for Class V injection wells,
27 construction, operation, and abandonment permits may not
28 exceed $750.
29 8. The permit fee for any of the following permits may
30 not exceed $500:
31 a. Domestic waste, collection system permits.
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1 b. Wetlands resource management--(dredge and fill and
2 mangrove alterations), short permit form.
3 c. Drinking water, distribution system permit.
4 9. The permit fee for stormwater operation permits may
5 not exceed $100.
6 10. The general permit fees for permits that require
7 certification by a registered professional engineer or
8 professional geologist may not exceed $500. The general
9 permit fee for other permit types may not exceed $100.
10 11. The fee for a permit issued pursuant to s. 403.816
11 is $5,000, and the fee for any modification of such permit
12 requested by the applicant is $1,000.
13 12. The regulatory program and surveillance fees for
14 facilities permitted pursuant to s. 403.088 or s. 403.0885, or
15 for facilities permitted pursuant to s. 402 of the Clean Water
16 Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
17 department has been granted administrative authority, shall be
18 limited as follows:
19 a. The fees for domestic wastewater facilities shall
20 not exceed $7,500 annually. The department shall establish a
21 sliding scale of fees based on the permitted capacity and
22 shall ensure smaller domestic waste dischargers do not bear an
23 inordinate share of costs of the program.
24 b. The annual fees for industrial waste facilities
25 shall not exceed $11,500. The department shall establish a
26 sliding scale of fees based upon the volume, concentration, or
27 nature of the industrial waste discharge and shall ensure
28 smaller industrial waste dischargers do not bear an inordinate
29 share of costs of the program.
30 c. The department may establish a fee, not to exceed
31 the amounts in subparagraphs 4. and 5., to cover additional
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1 costs of review required for permit modification or
2 construction engineering plans.
3 Section 6. Paragraph (d) is added to subsection (17)
4 of section 403.706, Florida Statutes to read:
5 403.706 Local government solid waste
6 responsibilities.--
7 (17) To effect the purposes of this part, counties and
8 municipalities are authorized, in addition to other powers
9 granted pursuant to this part:
10 (d) To grant a solid waste fee waiver to nonprofit
11 organizations that are engaged in the collection of donated
12 goods for charitable purposes and that have a recycling or
13 reuse rate of 50 percent or better.
14 Section 7. Subsection (1) of section 403.722, Florida
15 Statutes, is amended to read:
16 403.722 Permits; hazardous waste disposal, storage,
17 and treatment facilities.--
18 (1) Each person who intends to construct, modify,
19 operate, or close a hazardous waste disposal, storage, or
20 treatment facility shall obtain a construction permit,
21 operation permit, or post closure permit, or clean closure
22 plan approval from the department prior to constructing,
23 modifying, operating, or closing the facility. By rule, the
24 department may provide for the issuance of a single permit
25 instead of any two or more hazardous waste facility permits.
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27 (Redesignate subsequent sections.)
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29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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1 On page 1, line 9, after the semicolon
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3 insert:
4 providing requirements for local governments
5 providing solid waste collection services in
6 competition with private companies; providing
7 remedies for such private companies; providing
8 procedures and requirements; providing for
9 award of damages, costs, and attorney's fees;
10 providing application; providing limitations
11 for local government solid waste collection
12 services outside the jurisdiction of the local
13 government; providing remedies for certain
14 injured parties; providing requirements and
15 procedures; prohibiting local governments from
16 displacing private waste collection companies
17 under certain circumstances; providing
18 requirements; providing procedures and
19 requirements for such displacement; providing
20 definitions; amending s. 171.062, F.S.;
21 providing for continuation of certain solid
22 waste services in certain annexed areas;
23 providing an exception; amending s. 165.061,
24 F.S.; providing for certain merger plans to
25 honor certain solid waste contracts; providing
26 limitations; amending s. 403.087, F.S.;
27 prescribing maximum fees for post-closure
28 permits and clean-closure-plan approval;
29 amending s. 403.706, F.S.; authorizing solid
30 waste fee waivers for certain nonprofit
31 organizations; amending s. 403.722, F.S.;
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