House Bill 0967er

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  2         An act relating to Manatee County; authorizing

  3         and empowering the Board of County

  4         Commissioners of Manatee County to provide for

  5         the collection and disposal of garden trash, to

  6         impose monthly collection service charges on

  7         all improved real property, and to grant

  8         franchises therefor in unincorporated

  9         communities; authorizing the board to prescribe

10         and collect fees therefor; authorizing the

11         board to adopt rules and regulations and create

12         districts for such purposes; revising

13         provisions relating to filing of applications

14         for franchises with the board; providing for

15         forfeitures, penalties, and violations;

16         requiring persons, firms, or corporations to

17         whom franchises are granted to give performance

18         bond; providing for manner and consideration

19         for granting franchises; repealing chapter

20         85-457, Laws of Florida, relating to the

21         collection and disposal of solid waste and

22         junk; providing an effective date.

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

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26         Section 1.  Chapter 85-457, Laws of Florida, is amended

27  to read:

28         Section 1.  Authority to adopt rules and

29  regulations.--The Board of County Commissioners of Manatee

30  County is authorized to adopt reasonable rules and

31  regulations, found to be necessary for the protection of


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  1  public health, covering the storage, collection,

  2  transportation, and disposal of solid waste, and junk, and

  3  garden trash.  Any person, firm, or corporation violating any

  4  of the provisions of said rules or regulations shall be deemed

  5  guilty of a misdemeanor, and, upon conviction thereof, shall

  6  be punished as otherwise provided by law.

  7         Section 2.  Franchises; generally.--

  8         (1)  For the purpose of promoting the health and

  9  general welfare of the community communities, as hereinafter

10  provided, the Board of County Commissioners of Manatee County,

11  is hereby authorized and empowered to provide for the

12  collection and disposal of solid waste, and junk, and garden

13  trash and to grant franchises therefor therefore in such

14  districts in said county as may be designated by it lying

15  outside the boundaries of any municipality, to persons, firms,

16  or corporations applying therefore, for the purpose of

17  collection, removal, and disposal of solid waste, and junk,

18  and garden trash in any such districts. The board of county

19  commissioners may designate and create districts in such size,

20  number, shape, or area as it may from time to time deem best

21  suited to carry out the purposes purpose of this act.

22         (2)  The franchise may be exclusive or nonexclusive and

23  shall take effect after full the final approval of a

24  resolution granting the franchise and the execution of a

25  franchise agreement, and may continue in force and effect for

26  a term stated in said agreement, not to exceed 15 years after

27  the effective date of the franchise agreement.  The franchise

28  agreement may provide for renewal thereof for up to an

29  additional 15-year period following a full public hearing

30  during which the grantees' performance and all terms and

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  1  conditions of the franchise agreement may be reviewed,

  2  altered, or amended by the county.

  3         Section 3.  Petitions Application petition; notice;

  4  duty of county commission.--

  5         (1)  Upon the creation of any district or upon the

  6  cancellation, expiration, or nonrenewal of any existing

  7  franchise in any district, the board of county commissioners

  8  shall cause to be published a notice in a newspaper of general

  9  circulation in the county that petitions from interested

10  persons, firms, or corporations seeking to acquire a franchise

11  will be considered.

12         (2)  The notice shall specify the area or district for

13  which the right, privilege, or franchise may be granted and

14  shall state whether the franchise sought shall be exclusive or

15  nonexclusive, what service is intended to be furnished, and

16  the period of time for which the franchise may be granted.

17         (3)  All applications to be considered must be filed

18  with the board of county commissioners by filing with the

19  circuit court clerk within 20 days following the publication

20  of notice.

21         (4)  After the filing of such application with the

22  board of county commissioners, the board shall consider the

23  applications and grant or deny them.

24         Section 4.  Granting; bond; bids; monthly payments by

25  grantee; disposition.--

26         (1)  In the interest of fairness, prior to considering

27  the petitions applications filed, the board of county

28  commissioners shall establish legal, financial and technical

29  criteria and other criteria to be used in evaluating said

30  petitions applications. All such criteria shall be uniformly

31  applied.  Consideration may be given to those petitioners


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  1  applicants who have established records of satisfactory past

  2  performance of franchise agreements.  The county shall award

  3  franchises pursuant to competitive bidding or competitive

  4  negotiation or requests for proposals proposal, or any other

  5  arms-length negotiation or combination thereof, provided

  6  however, that all activity under this section shall occur in

  7  accordance with chapters 119 and 286, Florida Statutes.

  8         (2)  In the event the board of county commissioners

  9  shall determine to grant such franchise, it shall do so on

10  such reasonable terms and conditions as it shall deem consider

11  for the best for interest of the community.  However, the

12  board shall require, prerequisite to or concurrently with the

13  granting of any such franchise, that the person, firm, or

14  corporation to whom such franchise is granted or awarded, give

15  a performance bond, in an amount to be fixed by said board and

16  payable to the Board of County Commissioners of Manatee County

17  and conditioned that such franchise, and franchise agreement,

18  and all the terms and provisions thereof including such rules

19  and regulations as may be promulgated by the board regulating

20  and controlling the collection and disposal of garbage in said

21  county, shall be performed and complied with.

22         (3)  In those districts wherein more than one person,

23  firm, or corporation seeks to be awarded a franchise, the

24  board shall be authorized to receive and accept bids from

25  applicants who apply for franchise on areas which may be

26  sought by more than one applicant and said board may accept

27  the bid which it deems to be in the best interest of the

28  county, or it may deny the same.

29         (4)  In all franchises or grants given pursuant to the

30  provisions of this act, the board of county commissioners may

31  require as consideration for each, the payment by the


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  1  franchise holder to the county, in monthly installments of a

  2  fee such sum or sums as it may deem reasonable, taking into

  3  consideration the areas and population of the district for

  4  which such franchise is granted, and all such fees sums

  5  collected shall be paid into the general fund of the county

  6  and used and expended by the board without budgetary

  7  appropriations, for the purposes of:

  8         (a)  Acquiring by purchase, lease or otherwise, solid

  9  waste, junk, and garden trash garbage disposal facilities;

10         (b)  Operating such disposal facilities;

11         (c)  Enforcing the franchise agreements and the various

12  rules and regulations adopted pursuant to this act; or

13         (d)  Any combination of the above and the operations

14  thereof, and for the regulation and enforcement of this law.

15         (5)  The board may provide for payment and collection

16  of all fees to be made directly to the county by those served

17  and may provide in the franchise agreements for a method of

18  payment to the franchise holder for the services rendered

19  pursuant to the franchise grant.

20         (6)  In the creation of districts, the action of the

21  board of county commissioners shall be expressed in a

22  resolution, by it adopted, which resolution shall contain a

23  description of the areas or district to be covered by the

24  franchise,; whereupon such described areas or districts shall

25  be deemed created as of the time fixed in such resolution.

26         Section 5.  Services to be in accordance with

27  franchises, rules, etc.--After the creation of any such

28  district, the collection, removal, and disposal of solid

29  waste, and junk, and garden trash therein shall be

30  accomplished only in accordance with the terms and provisions

31  of the franchise agreement and with such rules, regulations,


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  1  and rates, and regulations as the board of county

  2  commissioners may from time to time promulgate and adopt.

  3         Section 6.  Forfeiture.--In the event the grantee of

  4  any franchise obtained under this act (article), shall violate

  5  any of the terms, conditions or provisions of such franchise

  6  agreement, or shall violate any of the rules and regulations

  7  promulgated by the board of county commissioners pursuant

  8  thereto, and shall be in default thereof, after a 15-day

  9  notice shall have been given by the chairman of the board of

10  county commissioners, to desist from such violations, then

11  such grantee shall be deemed to have forfeited said franchise

12  and the board may avail itself of any lawful remedies such

13  forfeiture shall be declared by the judge of the circuit court

14  for the county in which said franchise was given, in such

15  manner and form as is now or may in the future be provided by

16  law.

17         Section 7.  Violations, penalty; presumption.--

18         (1)  It shall be unlawful for any person, firm or

19  corporation to carry on the business of collection, removal,

20  or and disposal of solid waste, and junk, or garden trash in

21  any built-up area or district in said county as may be

22  designated by said board of county commissioners, without

23  first obtaining a franchise as authorized by this act

24  (article); and any such person, firm, or corporation violating

25  any of the provisions of this act (article) shall be deemed

26  guilty of a misdemeanor, and, upon conviction thereof, shall

27  be punished, as otherwise provided by general law for

28  conviction of a misdemeanor.

29         (2)  The collection, removal, and disposal of more than

30  6 20-gallon cans of solid waste, and junk, or garden trash per

31  week by any person, firm, or corporation shall constitute,


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  1  prima facie evidence of carrying on said business, unless said

  2  solid garbage, refuse, or waste or junk is the accumulation of

  3  the individual, residence, home, or business of the person,

  4  firm, corporation, or agent thereof, collecting, removing, or

  5  disposing of the same, or garden trash yard clippings being

  6  removed by a bona fide lawn service.

  7         Section 8.  Monthly collection charges; delinquent

  8  payments.--

  9         (1)  The county may impose monthly collection service

10  charges for the collection of solid waste, and junk, and

11  garden trash on all improved real property within the

12  unincorporated county except as may be excluded by the county

13  by ordinance, resolution, or regulation.

14         (2)  The occupancy or existence of any place of abode

15  or any place of business by any person, firm, or corporation

16  shall be prima facie evidence that solid waste, and junk, and

17  garden trash is being produced and is accumulating upon such

18  premises and that service charges for the collection and

19  disposal thereof are due to the county.

20         (3)  The county may provide by ordinance or resolution

21  for penalties for delinquent payments of collection service

22  charges and may further provide that in the event such

23  premises shall be served by the water, or sanitary sewer, or

24  reclaimed water systems system of the county, such services

25  may cease to such premises until after all delinquent charges

26  and penalties shall have been paid.

27         (4)  The provisions of this section of this act shall

28  prevail over any inconsistent special or general law including

29  specifically the provisions contained in SB 126 filed during

30  the 1985 Legislative Session should such bill be enacted and

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  1  the contemplated new section 125.485, Florida Statutes, become

  2  law.

  3         Section 9.  Chapter 85-457 57-1552, Laws of Florida, as

  4  amended by chapters 67-1672 and 67-1678, Laws of Florida, is

  5  hereby repealed.

  6         Section 10.  The powers conferred by this act shall be

  7  in addition and supplemental to the existing powers of the

  8  county and shall not be construed as repealing any of the

  9  provisions of any other laws, general, special, or local

10  except as herein provided.

11         Section 11.  If any provision of this act or the

12  application thereof to any person or circumstance is held

13  invalid, the invalidity shall not affect other provisions or

14  applications of the act which can be given effect without the

15  invalid provision or application, and to this end the

16  provisions of this act are declared severable.

17         Section 12.  It is the intent of this act to provide

18  the mechanisms to the Manatee County Board of County

19  Commissioners to enact such resolutions and ordinances as they

20  deem proper for the collection and disposal of solid waste,

21  and junk, and garden trash.

22         Section 2.  This act shall take effect July 1, 2000.

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