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





                                                  SENATE AMENDMENT

    Bill No. SB 436

    Amendment No.    

                            CHAMBER ACTION
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11  Senator King moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 3, between lines 29 and 30,

15

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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                                                  SENATE AMENDMENT

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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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                                                  SENATE AMENDMENT

    Bill No. SB 436

    Amendment No.    





 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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                                                  SENATE AMENDMENT

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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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                                                  SENATE AMENDMENT

    Bill No. SB 436

    Amendment No.    





 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.

26

27  (Redesignate subsequent sections.)

28

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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                                                  SENATE AMENDMENT

    Bill No. SB 436

    Amendment No.    





 1         On page 1, line 9, after the semicolon

 2

 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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                                                  SENATE AMENDMENT

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    Amendment No.    





 1         requiring post-closure permits and

 2         clean-closure-plan approvals;

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