SENATE AMENDMENT
Bill No. SB 2142
Amendment No. 1 Barcode 940264
CHAMBER ACTION
Senate House
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11 The Committee on Comprehensive Planning, Local and Military
12 Affairs recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (f) is added to subsection (1) of
19 section 165.061, Florida Statutes, and paragraph (d) of
20 subsection (2) of that section is amended, to read:
21 165.061 Standards for incorporation, merger, and
22 dissolution.--
23 (1) The incorporation of a new municipality, other
24 than through merger of existing municipalities, must meet the
25 following conditions in the area proposed for incorporation:
26 (f) In accordance with s. 10, Art. I of the State
27 Constitution, the plan for incorporation must honor existing
28 solid waste contracts in the affected geographic area subject
29 to incorporation; however, the plan for incorporation may
30 provide that existing contracts for solid waste collection
31 services shall be honored only for 5 years or the remainder of
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SENATE AMENDMENT
Bill No. SB 2142
Amendment No. 1 Barcode 940264
1 the contract term, whichever is shorter, excluding any
2 automatic renewals or so-called "evergreen" provisions, and
3 may require that a copy of the pertinent portion of the
4 contract or other written evidence of the duration of the
5 contract, be provided to the municipality within a reasonable
6 time following a written request to do so.
7 (2) The incorporation of a new municipality through
8 merger of existing municipalities and associated
9 unincorporated areas must meet the following conditions:
10 (d) In accordance with s. 10, Art. I of the State
11 Constitution, the plan for merger or incorporation must honor
12 existing solid waste contracts in the affected geographic area
13 subject to merger or incorporation; however, the plan for
14 merger or incorporation may provide that existing contracts
15 for solid waste collection services shall be honored only for
16 5 years or the remainder of the contract term, whichever is
17 shorter, and may require that a copy of the pertinent portion
18 of the contract or other written evidence of the duration of
19 the contract, excluding any automatic renewals or so-called
20 "evergreen" provisions, and may require that a copy of the
21 pertinent portion of the contract or other written evidence of
22 the duration of the contract be provided to the municipality
23 within a reasonable time following a written request to do so.
24 Section 2. Subsections (24), (25), and (26) are added
25 to section 403.706, Florida Statutes, to read:
26 403.706 Local government solid waste
27 responsibilities.--
28 (24) Any materials recovery facility and any facility
29 at which construction and demolition debris is sorted,
30 recovered, recycled, or processed for reuse or other purposes
31 shall, using scales that conform to the requirements of
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SENATE AMENDMENT
Bill No. SB 2142
Amendment No. 1 Barcode 940264
1 chapter 531 and any rules adopted under that chapter, keep
2 monthly records of the following information:
3 (a) The total weight of materials received at the
4 facility.
5 (b) The total weight of materials recovered, recycled,
6 or reused.
7 (c) The total weight of materials not recovered,
8 recycled, or reused.
9 (25) The department shall adopt by rule no later than
10 February 1, 2002, the categories of materials for which
11 records must be kept pursuant to subsection (24). The rule
12 shall include, at a minimum, those materials set forth in s.
13 403.703(7) and (17), excluding rocks, soils, tree remains,
14 trees, and other vegetative matter. The facilities specified
15 in paragraph (b) must also keep detailed records, including
16 the name and location of the solid waste disposal facility at
17 which material not recovered, recycled, or reused is
18 ultimately disposed. Materials not recovered, recycled or
19 reused that are contaminated by or commingled with either
20 Class I waste or Class III waste, either before or after
21 processing, shall be disposed of in either a Class I landfill
22 or a Class III landfill, respectively.
23 (26) Subsections (24) and (25) do not apply to a
24 recovered materials processing facility. This section shall
25 not alter or otherwise affect the list of recovered materials
26 as set forth in s. 403.703(7) or the regulation of recovered
27 materials as provided in s. 403.7046.
28 Section 3. Section 403.7063, Florida Statutes, is
29 amended to read:
30 403.7063 Use of private services in solid waste
31 management; enforcement.--
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SENATE AMENDMENT
Bill No. SB 2142
Amendment No. 1 Barcode 940264
1 (1) In providing services or programs for solid waste
2 management, local governments and state agencies should use
3 the most cost-effective means for the provision of services
4 and are encouraged to contract with private persons for any or
5 all of such services or programs in order to assure that such
6 services are provided on the most cost-effective basis.
7 Notwithstanding any special or general law to the contrary, no
8 county or municipality shall adopt or enforce regulations that
9 discriminate against privately owned solid waste management
10 facilities because they are privately owned. However, nothing
11 in this section shall interfere with the county's or
12 municipality's ability to control the flow of solid waste
13 within its boundaries pursuant to this chapter.
14 (2) A private company that is a party to a solid waste
15 collection franchise agreement with a local government shall
16 have the right to enforce that agreement or related ordinance
17 against any third party and to bring an action for injunctive
18 relief or damages against any third party whose actions
19 infringe upon the exclusive solid waste collection franchise
20 agreement or related ordinance.
21 (3) In any judgment entered pursuant to this section,
22 the court shall award to the prevailing party the costs of
23 litigation, reasonable attorney's fees, and expert witness
24 fees. A local government shall not receive or be liable for
25 the cost of litigation under this subsection.
26 (4) Prior to bringing an action pursuant to this
27 section, a private company shall give notice to the government
28 that granted the franchise 30 days prior to filing the action.
29 Section 4. This act shall take effect July 1, 2001.
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SENATE AMENDMENT
Bill No. SB 2142
Amendment No. 1 Barcode 940264
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to solid waste; amending s.
8 165.061, F.S.; clarifying provisions relating
9 to standards for incorporation, merger, and
10 dissolution of local governments with regard to
11 solid waste contracts; amending s. 403.706,
12 F.S.; requiring materials recovery facilities
13 and facilities that process construction and
14 demolition debris to maintain certain records;
15 providing an exception; amending s. 403.7063,
16 F.S.; granting rights of enforcement to certain
17 private companies with regard to solid waste
18 franchise collection agreements; providing an
19 effective date.
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