HOUSE AMENDMENT
                                                   Bill No. HB 945
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Local Government & Veterans Affairs offered
12  the following:
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14         Amendment 
15  Remove from the bill:  Everything after the enacting clause
16  
17  and insert in lieu thereof:  
18         Section 1.  Pursuant to section 189.429, Florida
19  Statutes, this act constitutes the codification of all special
20  acts relating to the Solid Waste Authority of Palm Beach
21  County. It is the intent of the Legislature in enacting this
22  law to provide a single, comprehensive special act charter for
23  the Solid Waste Authority of Palm Beach County, including all
24  current legislative authority granted to the Authority by its
25  several legislative enactments and any additional authority
26  granted by this act.
27         Section 2.  Chapters 75-473, 77-626, 79-536, 79-539,
28  79-542, 84-501, 84-502, 86-433, 88-544, 91-334, 93-345, and
29  94-462, Laws of Florida, relating to the Solid Waste Authority
30  of Palm Beach County, are codified, reenacted, amended, and
31  repealed as herein provided.
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    File original & 9 copies    04/12/01                          
    hca0002                     03:08 pm         00945-lgva-481971

HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 Section 3. The charter for the Solid Waste Authority 2 of Palm Beach County is re-created and reenacted to read: 3 Section 1. Short title.--This act may be known and 4 cited as the "Palm Beach County Solid Waste Act." 5 Section 2. Declaration of legislative intent.--In 6 order to enhance the beauty and quality of our environment, 7 conserve our natural resources, prevent the spread of disease 8 and creation of nuisances, protect the public health, safety, 9 and welfare, and provide a coordinated resource recovery and 10 waste management program for Palm Beach County, it is 11 necessary to form a countywide authority for the management of 12 solid waste to meet the expanding problems related to the 13 processing and disposal of solid waste within Palm Beach 14 County and to: 15 (1) Provide for the safe and sanitary processing and 16 disposal of solid waste. 17 (2) Provide a coordinated countywide program for the 18 management of hazardous waste and control of solid waste 19 processing and disposal in cooperation with federal, state, 20 and local agencies responsible for the prevention, control, or 21 abatement of air, water, and land pollution. 22 (3) Require the municipalities and the county to plan 23 for and develop an adequate solid waste collection system. 24 Section 3. Creation of countywide solid waste 25 authority.--In order to effectuate the intent and purpose of 26 this act as set forth in section 2, the Solid Waste Authority 27 of Palm Beach County is created as a dependent special 28 district. Its board shall consist of the seven members of the 29 Board of County Commissioners of Palm Beach County. A quorum 30 of the board shall be four members. 31 Section 4. Application to incorporated and 2 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 unincorporated areas.--This act shall apply to both the 2 incorporated and unincorporated areas of Palm Beach County. 3 Section 5. Definitions.--As used in this act, unless 4 some other meaning is plainly intended: 5 (1) "Act" means this act and all amendments thereto. 6 (2) "Authority" means the Solid Waste Authority of 7 Palm Beach County. 8 (3) "Clerk" means Clerk of the Circuit Court of Palm 9 Beach County, Florida. 10 (4) "Cost of acquisition and/or construction" means 11 the cost of acquiring, constructing, reconstructing, 12 improving, extending, equipping, and furnishing any resource 13 recovery and solid waste management facilities, including the 14 cost of demolishing, removing, or relocating any buildings, 15 structures, or utilities on lands acquired or to be acquired, 16 including the cost of acquiring lands to which such buildings, 17 structures, or utilities may be moved or relocated, the cost 18 of all labor and materials, the cost of financing charges, 19 discount on the purchase price of bonds otherwise permitted 20 hereunder, and interest on the bonds of the Authority prior 21 to, during, and for a period not exceeding 2 years after 22 completion thereof, payments under and fees and expenses in 23 connection with any derivative agreements, the cost of 24 establishing and funding initial reserves, the cost of 25 engineering, financial, and legal services plans, 26 specifications, studies, surveys, estimates of cost and of 27 revenues, and other expenses necessary or incidental to 28 determining the feasibility or practicability of any such 29 construction or acquisition, administrative expenses, and such 30 other costs and expenses as may be necessary or incidental to 31 such acquisition, construction, reconstruction, improvement, 3 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 extension, equipping, or furnishing, the financing thereof, 2 placing such resource recovery and solid waste management 3 facilities in operation, and the issuance of bonds under this 4 act. 5 (5) "County" means Palm Beach County, Florida. 6 (6) "Department" means the Department of Environmental 7 Protection or any successor agency performing a like function. 8 (7) "Derivative agreements" means contracts commonly 9 known as investment contracts, interest rate swap agreements, 10 or contracts providing for payments based on levels of or 11 changes in interest rates, or contracts to exchange cash flows 12 or a series of payments, to hedge payment, rate, spread, or 13 similar exposure, which the governing body of the Authority 14 determines to be necessary, desirable, or appropriate to 15 achieve a desirable effective interest rate in connection with 16 bonds, notes, or bond anticipation notes issued by the 17 Authority. 18 (8) "Director" means the Executive Director of the 19 Solid Waste Authority of Palm Beach County or his or her duly 20 authorized representative. 21 (9) "Disposal" means the disposition of solid waste by 22 resource recovery, processing, recycling, or the placing of 23 solid waste materials on the land for final disposition, or 24 any combination thereof. 25 (10) "Fiscal year" means the year beginning October 1 26 of each year and ending September 30 of the following year. 27 (11) "General obligation bonds" means bonds or other 28 obligations secured by the full faith and credit and taxing 29 power of the Authority and payable from ad valorem taxes 30 levied and collected on all taxable property in Palm Beach 31 County, without limitation of rate or amount, and may be 4 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 additionally secured by the pledge of either or both the 2 proceeds of special assessments levied against benefited 3 property or revenues derived from solid waste disposal 4 systems. 5 (12) "Hazardous waste" has the same meaning as the 6 term is defined in section 403.703(21), Florida Statutes, or 7 any successor law or regulation. 8 (13) "Municipality" means all incorporated 9 municipalities or special taxing districts exercising 10 municipal powers in relation to collection and disposal of 11 solid waste, lying and being in Palm Beach County, Florida. 12 (14) "Person" or "persons" means any and all persons, 13 natural or artificial, including any individual, firm, or 14 association, any facility, or any municipal or private 15 corporation organized or existing under the laws of the State 16 of Florida or any other state and any county or governmental 17 agency of this state or the Federal Government. 18 (15) "Processing" means the act of modifying or 19 altering the nature of solid waste materials to facilitate 20 reuse, transfer, transport, and disposal, including, but not 21 limited to, systems employing physical, thermal, organic, or 22 chemical techniques. 23 (16) "Property appraiser" means the Property Appraiser 24 of Palm Beach County, Florida. 25 (17) "Recycling" means any process by which solid 26 waste materials are recovered and reused in manufacturing, 27 agricultural, power production, and other processes. 28 (18) "Resource recovery" means the process by which 29 materials in solid waste retaining useful physical or chemical 30 properties are reused or recycled for the same or other 31 purposes, including use as an energy source. 5 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 (19) "Revenue bonds" means bonds or other obligations 2 of the Authority secured by and payable from the rates, fees, 3 charges, and other income collected by the Authority from the 4 users of its resource recovery and solid waste management 5 facilities, or by pledge of the full faith and credit of the 6 Authority, or by a combination thereof. 7 (20) "Solid waste" means garbage, sewage, sludge, 8 septage, rubbish, refuse, and other discarded solid or liquid 9 materials resulting from domestic, industrial, commercial, 10 agricultural, and governmental operations, but does not 11 include solid or dissolved materials in domestic sewage, storm 12 drainage, or other significant pollutants in water resources, 13 such as silt, dissolved or suspended solids in industrial 14 wastewater effluents, dissolved materials in irrigation return 15 flows, or other common water pollutants. 16 (21) "Solid waste system" or "resource recovery and 17 solid waste management facilities" or "project" means any 18 plant, facility, or property and additions, extensions, and 19 improvements thereto, at any time constructed or acquired as 20 part thereof, useful or necessary or having the capacity for 21 future use for resource recovery or solid waste management 22 and, without limiting the generality of the foregoing, shall 23 include vehicles used for transport from transfer stations to 24 treatment sites and incinerators for the purposes of reducing 25 the volume of or disposing of solid waste by burial, as well 26 as proper disposal of residue from incineration, and shall 27 include all real and personal property and any interest 28 therein, rights, easements, and franchises of any nature 29 whatsoever, and equipment, machinery, furnishings, fixtures, 30 and replacements, relating to any such solid waste system and 31 necessary or convenient for the operation thereof. 6 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 (22) "Tax collector" means the Tax Collector of Palm 2 Beach County, Florida. 3 (23) "Transport" means the act of movement of solid 4 waste materials to facilitate processing, reuse, and disposal. 5 (24) "Waste management" means the systematic control 6 of the generation, storage, collection, transport, treatment, 7 processing, recycling, recovery, and disposal of solid waste. 8 Section 6. Purposes and powers.--For the purposes of 9 this act, all of Palm Beach County is deemed to be a special 10 district. In addition to other powers, duties, and 11 responsibilities necessary to carry out the provisions of this 12 act, the Authority shall have the power to: 13 (1) Adopt and from time to time thereafter alter, 14 rescind, modify, or amend rules, guidelines, and orders 15 necessary for its operation in accordance with chapter 403, 16 Florida Statutes, and all successor laws. No such rules or 17 amendments thereto shall be adopted or become effective until 18 after a public hearing has been held by the Authority pursuant 19 to notice published in a newspaper of general circulation in 20 the county at least 21 days prior to the hearing. When 21 approved by the Authority, such rules shall have the force and 22 effect of law. Nothing in this act shall be construed so as to 23 prevent the Authority from adopting rules which are more 24 strict and extensive than those imposed by the department. 25 (2) Adopt a resource recovery and waste management 26 program for Palm Beach County that shall provide for the 27 transportation, storage, separation, processing, recovery, 28 recycling, or disposal of solid waste generated or existing 29 within the county and modify and update such program or plan 30 as necessary or as may be required by law. 31 (3) Acquire, at its discretion, personal or real 7 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 property or any interest therein by gifts, lease, eminent 2 domain, or purchase. The Authority may enter upon any land or 3 water for the purpose of making surveys and may exercise the 4 right of eminent domain whenever public necessity or 5 convenience requires in accordance with chapters 73 and 74, 6 Florida Statutes, and other applicable law. 7 (4) Appoint an executive director to be responsible to 8 the Authority and who shall serve at its pleasure. There shall 9 be such other officers and employees as may be provided by the 10 Authority. The officers shall be appointed or removed by the 11 executive director subject to confirmation by the Authority. 12 The employees shall be appointed and removed by the executive 13 director. The Authority shall fix the salary of the executive 14 director and shall have, but may delegate to the executive 15 director, the power to fix the salaries of all other officers 16 and employees of the Authority. The Authority shall also have 17 the power to employ or appoint engineers, accountants, 18 attorneys, and such other personnel as may be required for the 19 operation and management of the Authority and to fix their 20 compensation. 21 (5) Require surety bonds for any of the officers and 22 employees in such amounts as the Authority deems necessary. 23 The premiums for the bonds shall be paid in the same manner as 24 any other operating expense. 25 (6) Sue and be sued, implead and be impleaded, and 26 complain and defend in all courts. 27 (7) Adopt, use, and alter a corporate seal. 28 (8) Acquire, construct, reconstruct, improve, 29 maintain, equip, furnish, and operate at its discretion such 30 resource recovery and waste management facilities as are 31 required to carry out the purposes and intent of this act and 8 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 to meet the requirements of chapter 403, Florida Statutes, and 2 other applicable law. 3 (9) Conduct studies, develop programs, provide 4 continuing management and monitoring of waste projects, 5 programs, and facilities directly or indirectly affecting the 6 solid waste management system in Palm Beach County, and 7 contract, for such periods as may be agreed upon by the 8 parties, with governmental agencies, individuals, public or 9 private corporations, municipalities, or any other person in 10 carrying out the purposes of this act and the requirements of 11 chapter 403, Florida Statutes, and other applicable law. 12 (10) Fix, alter, charge, and establish reasonable 13 rates, fees, and other charges for the facilities provided by 14 the Authority, including, but not limited to, planning, 15 permitting, inspection, collection, enforcement, and disposal 16 site developing and operation, which rates, fees, and charges 17 must be sufficient to cover all costs for said normal 18 functions and facilities, including, but not limited to, 19 permits, fees, and disposal costs. 20 (11) Without limitation, borrow money and issue 21 evidence of indebtedness and accept property, gifts, or grants 22 or loans of money from the Federal Government, state 23 government, and other sources, public or private, which loans 24 and grants shall be expended in accordance with the purposes 25 and provisions of this act. 26 (12) Issue revenue bonds. 27 (a) The Authority shall have the power and is hereby 28 authorized to issue revenue bonds for the purpose of paying 29 all or part of the costs of acquisition and/or construction of 30 resource recovery and waste management facilities. The 31 issuance of such revenue bonds shall be authorized by 9 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 resolution of the Authority, which resolution may be adopted 2 at a regular or special meeting by a majority vote of members 3 voting thereon and at the same meeting at which it is 4 introduced. Such revenue bonds may be issued in one or more 5 series and shall bear such date or dates of issuance, bear 6 interest at such rate or rates, not exceeding the maximum rate 7 permitted under section 215.84, Florida Statutes, or any 8 successor statute, mature at such time or times, not exceeding 9 40 years from their respective dates of issuance, be subject 10 to such terms of redemption, with or without premium, be 11 issued in such form, registered or not, with or without 12 interest coupons, entitle the holder thereof to such 13 conversion or registration privileges, be executed in such 14 manner, be in such denomination or denominations, be payable 15 in such medium of payment at such place or places, which may 16 be any bank or trust company within or without the state, have 17 such rank or priority, be secured in such manner, and have 18 such other characteristics as may be provided in the 19 resolution of the Authority authorizing the issuance of such 20 bonds or in such subsequent resolutions as the Authority may 21 adopt prior to the issuance of such bonds. All bonds issued 22 under this act shall have and are hereby declared to be and to 23 have all the qualities and incidents of negotiable instruments 24 under the Uniform Commercial Code--Investment Securities Law 25 of the state. The Authority may sell such bonds at private 26 sale and in such manner and for such price or prices as it may 27 determine to be in the best interest of the Authority, but no 28 such bonds shall be sold at a price as will yield to the 29 purchaser thereof income at a rate exceeding the maximum rate 30 permitted under section 215.84, Florida Statutes, or any 31 successor statute, as computed according to the standard 10 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 tables of bond values. If said bonds are sold at public sale, 2 a notice of such sale shall be published at least once at 3 least 10 days prior to the date of such sale in a newspaper 4 published and circulating in the county and in a financial 5 newspaper or journal circulating in New York City, New York. 6 The Authority may issue interim bonds, notes, certificates, or 7 receipts, with or without coupons, exchangeable for definitive 8 bonds when such bonds have been executed and are available for 9 delivery. 10 (b) The Authority shall fix and revise from time to 11 time the rates, fees, or other charges for the services and 12 facilities furnished by the Authority, and such rates, fees, 13 or other charges shall be so fixed and adjusted as to provide 14 sufficient funds to pay the principal of and interest on all 15 bonds issued as the same become due and payable for such 16 purposes, and including the cost of operating, maintaining, 17 and repairing the facilities of the Authority and all such 18 other payments required by the proceedings providing for the 19 issuance of such bonds. Such rates, fees, or other charges 20 shall not be subject to supervision or regulation by the 21 state, any political subdivision, or any commission, board, or 22 agency. 23 (c) The Authority, in the issuance of revenue bonds, 24 shall have the authority to pledge all or any part of the 25 revenues derived from the operation of the facilities of the 26 Authority and shall have the power to determine the rank or 27 priority of such pledge of revenues for any purpose, including 28 different issues of bonds, and to grant to the holders of the 29 bonds a lien on all or any part of the revenues prior to the 30 use of such revenues for any other purposes. 31 (d) All revenues received by the Authority shall be 11 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 deemed to be trust funds to be held and applied as provided in 2 this act. The Authority may also provide that each issue of 3 bonds or any combined issue of bonds may be secured by a trust 4 agreement by and between the Authority and a corporate 5 trustee, which may be any trust company or bank within or 6 without the state. Such trust agreement may pledge or assign 7 the revenues to be received and provide for the rank and 8 priority between different trust agreements for different 9 issues of bonds. The resolution or resolutions providing for 10 the issuance of bonds or such trust agreements may contain 11 such provisions for protecting and enforcing the rights and 12 remedies of the holders of the bonds as may be reasonable and 13 proper, not in violation of the law, including covenants 14 setting forth the duties of the Authority relating to the 15 construction, acquisition, improvement, maintenance, 16 operation, repair, and cost of any project or facility, as is 17 customary in trust agreements or trust indentures securing 18 bonds or debentures of corporations, and may contain such 19 other provisions as the Authority may deem reasonable and 20 proper for the security of the holders of such bonds. 21 (e) The Authority is also hereby authorized to issue 22 refunding bonds for the purpose of refunding any bonds of the 23 Authority then outstanding, including the payment of any 24 redemption premium thereon, and interest accrued or to accrue 25 to maturity or to the prior redemption of such outstanding 26 bonds, as the case may be, or for the combined purpose of 27 refunding such outstanding bonds and paying the cost of 28 acquisition and/or construction of one or more projects. The 29 issuance of such revenue refunding bonds shall be authorized 30 by resolution of the board of the Authority in the same manner 31 as provided in paragraph (a). Such refunding bonds may be 12 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 issued to refund such outstanding bonds as they mature and 2 become payable, or as they are called for redemption prior to 3 their stated dates of maturity, and the Authority shall be 4 authorized to invest the proceeds or part of the proceeds of 5 such refunding bonds, pending the dates of maturity of such 6 outstanding bonds or the dates upon which such outstanding 7 bonds are to be called prior to their stated dates of 8 maturity, in such lawful securities as the Authority shall 9 deem desirable, for the purpose of refunding such outstanding 10 bonds in the manner provided in this paragraph. The issuance 11 of such revenue refunding bonds, the maturities and other 12 details thereof, the rights of the holders thereof, the 13 security for the payment thereof, and the rights, duties, and 14 obligations of the Authority in respect of the same shall be 15 governed by the provisions of this act insofar as the same may 16 be applicable. 17 (f) The Authority shall also have power to issue notes 18 prior to the issuance of bonds, but such notes shall mature in 19 not less than 3 years and the payment thereof shall be subject 20 to any prior pledge of the revenues of the Authority or any ad 21 valorem taxes of the Authority. 22 (g) The Authority may also issue bond anticipation 23 notes after the authorization of the issuance of bonds in the 24 manner provided in section 215.431, Florida Statutes, or 25 successor law. 26 (13) Enter into interest rate swap agreements in 27 connection with tax-exempt bonds and to issue debt to finance 28 payments under such interest rate swap agreements. The use of 29 interest rate swap agreements to reduce borrowing costs will 30 enable the Authority to have flexibility to finance or 31 refinance projects relating to its solid waste system in a 13 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 more economically efficient manner. The Authority, other 2 special districts, and municipalities already have the express 3 power to enter into interest rate swap agreements and other 4 derivative products with respect to their taxable bonds under 5 the Taxable Bond Act of 1987, part VII, chapter 159, Florida 6 Statutes. The Legislature finds that the ability of the 7 Authority to enter into derivative agreements shall serve a 8 public purpose by reducing interest costs to the Authority and 9 enhancing the marketability of the Authority's bonds, notes, 10 or bond anticipation notes. Further, such derivative 11 agreements afford the Authority the ability to achieve the 12 lowest effective borrowing costs or terms most suitable to the 13 Authority. The provisions of this paragraph are designed to 14 serve a public purpose by providing for the health, safety, 15 welfare, and economic well-being of the people of the county. 16 Further, these provisions are intended to provide express 17 authority to exercise the powers granted hereby and shall not 18 be construed in limitation of any existing powers of the 19 Authority to enter into or carry out any derivative 20 agreements. This paragraph shall be a supplemental and 21 alternative authority to any other provisions of special or 22 general law. 23 (14) Seek injunctive relief in a court of competent 24 jurisdiction to prevent the violation of this act or any 25 resolution, rule, or regulation adopted pursuant to the powers 26 granted by this act without the necessity of showing of a 27 public nuisance in such legal proceeding. 28 (15) Sell or otherwise dispose of any byproducts 29 produced by the operation of resource recovery or waste 30 management facilities to any governmental agency, individual, 31 public or private corporation, municipality, or any other 14 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 person. 2 (16) Levy ad valorem tax on the taxable property in 3 the special district solely for the purposes of this act and 4 not to exceed 1 mill on the dollar, subject to referendum. 5 Property taxes determined and levied under this section shall 6 be certified by the Authority to the property appraiser and 7 extended, assessed, and collected in accordance with the 8 provisions of chapter 197, Florida Statutes. At any time after 9 making a tax levy under this section and certifying the same 10 to the county and the state, the Authority may issue tax 11 anticipation notes of indebtedness in anticipation of the 12 collection of such taxes. 13 (17) When the fees or charges for the services and 14 facilities and any waste disposal or resource recovery 15 facility are not paid when due and payable and are in default 16 for 30 days or more, following written notice to such 17 delinquent customer, discontinue and shut off the supply of 18 the services and facilities of said system to the person, 19 firm, corporation, or other body, public or private, so 20 supplied with such services or facilities until such fees, 21 rates, or charges, including legal interest, penalties, and 22 charges for the shutting off and discontinuance or the 23 restoration of such services or facilities, are fully paid. 24 Such delinquent fees or charges, together with legal interest, 25 penalties, and charges for the shutting off and discontinuance 26 or the restoration of such services or facilities, and 27 reasonable attorney's fees, costs, and other expenses may be 28 recovered by the Authority in a court of competent 29 jurisdiction. 30 (18) Transfer, sell, or assign to any governmental 31 agency, individual, public or private corporation, 15 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 municipality, or other person, at whatever terms it deems 2 reasonable, any property which it finds is not needed to carry 3 out the purposes of this act. 4 (19) As necessary to carry out its resource recovery 5 and/or disposal plans or programs or when necessary to carry 6 out any other provision of this act, require that all wastes 7 collected by public or private agencies from any municipality 8 or unincorporated area of the county be transported to 9 Authority-designated processing and disposal facilities in a 10 manner and form as may be mandated in accordance with this 11 act, particularly paragraphs (2) and (8) of this section. This 12 act shall not be construed to preclude public or private 13 agencies from operating permitted transfer stations, provided 14 that solid waste transferred or transported therefrom shall be 15 delivered to Authority-designated processing and disposal 16 facilities as set forth in this section. 17 (20) Perform any and all governmental functions of the 18 county, or of any municipality, related to solid waste 19 provided for by general law, including, but not limited to, 20 chapter 403, Florida Statutes, or any successor law, pursuant 21 to written contract or interlocal agreement. For those 22 purposes, the Authority may employ the special assessment 23 procedures contained in sections 7 and 8 of this act. The Palm 24 Beach County Board of County Commissioners shall set for the 25 unincorporated portions of the county all fees necessary to 26 accomplish the purposes of this paragraph, and the governing 27 body of any municipality shall set the required fees for its 28 respective jurisdiction. Any such fees must be sufficient to 29 pay all costs incurred by the Authority in connection with the 30 solid waste services to be provided, including the cost of 31 billing services. 16 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 (21) Establish a mandatory collection system for the 2 county and impose reasonable rates, fees, and charges to all 3 users of said system. The Authority may establish annual 4 collection special assessments for users of this collection 5 system in like manner as the disposal assessments provided for 6 in this section or sections 7 or 8. 7 (22) Grant franchises and contracts, issue permits, or 8 otherwise provide for the collection of solid waste in the 9 county and receive the assignment of such franchises, 10 contracts, and permits, and establish reasonable rates, fees, 11 and charges therefor. 12 (23) In connection with, or incidental to, the sale 13 and issuance of bonds, enter into any contracts which the 14 Authority determines to be necessary or appropriate to achieve 15 a desirable, effective interest rate in connection with the 16 bonds or notes by means of, but not limited to, contracts 17 commonly known as investment contracts, funding agreements, 18 interest rate swap agreements, currency swap agreements, 19 forward payment conversion agreements, or futures; contracts 20 providing for payments based on levels of or changes in 21 interest rates; contracts to exchange cash flows or a series 22 of payments; or contracts including, without limitation, 23 options, puts, or calls to hedge payment, rate, spread, or 24 similar exposure. Such contracts or arrangements may also be 25 entered into by the Authority in connection with, or 26 incidental to, entering into any agreement which secures bonds 27 or provides liquidity therefor. Such contracts and 28 arrangements shall be made upon the terms and conditions 29 established by the Authority after giving due consideration 30 for the credit worthiness of the counterparties, where 31 applicable, including any rating by a nationally recognized 17 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 rating service or by any other criteria as may be appropriate. 2 (24) Notwithstanding the prohibition against extra 3 compensation set forth in section 215.425, Florida Statutes, 4 provide for an extra compensation program, including a 5 lump-sum bonus payment program, to reward outstanding 6 employees whose performances exceed standards, if the program 7 provides that a bonus payment may not be included in an 8 employee's regular base rate of pay and may not be carried 9 forward in subsequent years. 10 Section 7. Special assessments; method of levy and 11 collection.--Since all improved properties in the county 12 receive a direct, substantial benefit by the provision of 13 solid waste disposal and collection services by the Authority, 14 the Authority shall have the additional power to impose, levy, 15 collect, or have collected, in accordance with the provisions 16 of chapter 197, Florida Statutes or sections 7, 8 or 9 of this 17 charter, the annual disposal special assessments herein 18 authorized and defined as a means of financing the 19 construction and/or acquisition of additions, extensions, and 20 improvements to the solid waste system, the payment of the 21 principal of and interest on bonds issued pursuant to this 22 act, the cost of operating, maintaining, and repairing the 23 solid waste system, and all other payments that are required 24 to be made by the Authority in connection with the purposes of 25 this act. 26 (1) Definitions.--For the purposes of this section and 27 sections 8 and 9, the following terms shall have the following 28 meanings: 29 (a) "Addendum to annual disposal special assessments 30 roll" or "addendum" means the list prepared by and confirmed 31 by the Authority each fiscal year containing the same 18 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 information as the annual disposal special assessment roll as 2 to any parcels of improved real property not incorporated on 3 the corresponding annual disposal special assessment roll and 4 incorporating any changes as to the information specified for 5 any parcel of improved real property on the corresponding 6 annual disposal special assessment roll, including any 7 additions to or deletions from such annual disposal special 8 assessment roll. 9 (b) "Annual disposal special assessments" means the 10 annual disposal special assessments imposed upon a parcel or 11 parcels of improved real property for the disposal of solid 12 waste for the applicable fiscal year based upon the 13 classification of the use of such parcel or parcels of 14 improved real property as set forth in the rate resolution. 15 (c) "Annual disposal special assessment roll" means 16 the list prepared and confirmed by the Authority each fiscal 17 year containing a summary description of each parcel of 18 improved real property, the name and address of the owner of 19 each such parcel as indicated on the records maintained by the 20 property appraiser, and the amount of the annual disposal 21 special assessments applicable to each parcel of improved real 22 property. 23 (d) "Collection" means, with respect to solid waste 24 services, the process whereby solid waste is removed and 25 transported to a solid waste facility. 26 (e) "Governmental agencies" means all state, federal, 27 or local agencies or units of government located within the 28 county, including, but not limited to, the School Board of 29 Palm Beach County, all county agencies and departments, all 30 municipalities within the county, all special districts and 31 municipal service taxing units with all or part of their 19 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 boundaries within the county, and any municipality or special 2 district or other unit of government, the boundaries of which 3 are not within the county but which is the owner of improved 4 real property within the county. 5 (f) "Improved real property" means all real property 6 located within the county that generates or is capable of 7 generating solid waste and that contains buildings, 8 structures, or other improvements designed or constructed for 9 and capable of use or used for human habitation, human 10 activity, or commercial enterprises. 11 (g) "Owner" means the person or persons owning an 12 interest in improved real property. 13 (h) "Rate resolution" means the resolution or 14 resolutions of the Authority described in paragraph (3)(b) of 15 this section and paragraph (2)(b) of section 8 of this 16 charter. 17 (2) Purpose.--It is the purpose of this section to 18 require all persons within the county and all governmental 19 agencies to use exclusively the solid waste system operated 20 and maintained by the Authority or designated by the Authority 21 for the disposal of all solid waste generated within both the 22 incorporated and unincorporated areas of the county; to 23 establish a schedule of assessments for all improved real 24 property in both the incorporated and unincorporated areas of 25 the county to pay for the cost of financing, operating, and 26 maintaining the solid waste system; to establish the method 27 and procedure for the classification of such improved real 28 property in the establishment of such schedule of annual 29 disposal special assessments; to provide for a method and 30 procedure for the collection of such assessments from the 31 owners of such improved real property; and to provide for the 20 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 operation of the solid waste system. 2 (3) Determination of annual disposal special 3 assessments; public hearing.--On or before October 1 of each 4 year, the Authority shall hold a public hearing for the 5 following purposes: 6 (a) To adopt a budget for the operation and 7 maintenance of the solid waste system for the ensuing fiscal 8 year, including moneys for the payment of the principal of and 9 interest on bonds and other outstanding or anticipated 10 indebtedness, including all reserves necessary therefor, for 11 the payment of necessary reserves for capital expenditures and 12 the renovation, improvements, and replacements of existing 13 facilities of the solid waste system, for the enforcement and 14 administration of the billing and collection of the annual 15 disposal special assessments provided for hereunder, including 16 necessary reserves for anticipated delinquent or uncollectible 17 annual disposal special assessments, and for the payment of 18 the current operation and maintenance of the solid waste 19 system. 20 (b) To adopt a rate resolution incorporating a 21 schedule of annual disposal special assessments to impose upon 22 the owners of all improved real property in both the 23 incorporated and unincorporated areas of the county which 24 shall constitute a lien as provided for in paragraph (5) and 25 to establish the classification of the use of such parcel of 26 improved real property in order to provide revenues which, 27 together with other moneys of the Authority lawfully available 28 therefor, shall be sufficient to fund the budget referred to 29 in paragraph (a). The rates established by the Authority in 30 each year under the provisions of the rate resolution shall be 31 sufficient to provide moneys for the purposes described in 21 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 paragraph (a), and the Authority shall not establish rates 2 over and above the rates that are necessary to comply with the 3 provisions of paragraph (a) and the budgetary requirements of 4 any proceedings of the Authority heretofore or hereafter 5 adopted in connection with the issuance of any of its bonds, 6 notes, or other evidences of indebtedness. 7 8 Notice of said public hearing shall be published in a 9 newspaper of general circulation in the county at least twice, 10 with the first publication being at least 20 days prior to the 11 date set for the public hearing. Said public hearing may be 12 continued to a date certain without the necessity of further 13 newspaper advertisement or public notice. 14 (4) Scope of annual disposal special assessments; 15 discount for early payment; delinquency.-- 16 (a) The annual disposal special assessments 17 incorporated in the rate resolution applicable to each parcel 18 of improved real property shall be the annual disposal special 19 assessments for each such parcel of improved real property for 20 the disposal of all solid waste generated or capable of being 21 generated as determined by the Authority on each such parcel 22 of improved real property during the ensuing fiscal year. 23 (b) The annual disposal special assessments shall be 24 imposed against the owners of all improved real property in 25 both the incorporated and unincorporated areas of the county 26 if such real property is improved real property on or before 27 September 1 prior to the fiscal year in which the annual 28 disposal special assessments are imposed. 29 (c) The owner and description of each parcel of 30 improved real property shall be that designated on the real 31 property records maintained by the property appraiser. 22 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 (d) The annual disposal special assessments shall be 2 due and payable 30 days after the mailing of the original 3 annual disposal special assessments billing. On all annual 4 disposal special assessments imposed and collected, discounts 5 for early payment thereof shall be at the rate of 4 percent in 6 the month of November and at any time within 30 days after the 7 mailing of the original annual disposal special assessments 8 billings; 3 percent in the month of December; 2 percent in the 9 month of January; and 1 percent in the month of February. The 10 annual disposal special assessments paid in March shall be 11 without discount. The annual disposal special assessments 12 shall become delinquent if not fully paid by March 31 of the 13 fiscal year for which the annual disposal special assessments 14 are imposed. All delinquent annual disposal special 15 assessments shall bear an initial penalty of 3 percent of the 16 full amount of the annual disposal special assessments if not 17 paid by March 31 of the fiscal year for which the annual 18 disposal special assessments are imposed and an additional 19 penalty of 1 percent per month on the delinquent principal 20 amount on the first day of June and on the first day of each 21 month thereafter until the annual disposal special assessments 22 are paid in full. 23 (5) Annual disposal special assessments shall 24 constitute a lien on improved real property.--All annual 25 disposal special assessments imposed against the owners of 26 improved real property shall constitute, and are hereby 27 imposed as, liens against such improved real property as of 28 October 1 of the fiscal year for which the annual disposal 29 special assessments are imposed. Until fully paid and 30 discharged or barred by law, the annual disposal special 31 assessments shall be prior to all other liens, except that 23 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 such liens shall be on parity with a lien of state, county, 2 and municipal taxes, and any lien for charges for services 3 created pursuant to section 159.17, Florida Statutes. If any 4 annual disposal special assessment liens become delinquent by 5 not being fully paid by March 31 of the fiscal year for which 6 the annual disposal special assessments are imposed and remain 7 delinquent, the Authority shall cause to be prepared a notice 8 of lien containing the amount of the delinquent annual 9 disposal special assessments, including the amount of the 10 first penalty, a legal description of the improved real 11 property against which the lien is imposed, and the name of 12 the owner of such real property as indicated on the real 13 property records maintained by the property appraiser of the 14 county. Said notice of lien shall be recorded in the public 15 records of the county on or about September 30 of the fiscal 16 year for which the annual disposal special assessments were 17 levied, or as soon thereafter as the Authority shall 18 determine. A copy of the notice of lien shall be served on the 19 owner of record as provided in section 713.18, Florida 20 Statutes, within 10 days after the notice of lien is recorded. 21 (6) Notification and payment of annual disposal 22 special assessments; discharge of recorded liens.--The 23 Authority shall collect the payment of all current or 24 delinquent annual disposal special assessments from November 1 25 of the fiscal year for which the annual disposal special 26 assessments are imposed until paid or satisfied as herein 27 provided. The Authority shall mail notices of the annual 28 disposal special assessments to the owners of each parcel of 29 improved real property in the manner and containing the 30 information as follows: 31 (a) The first notice shall be mailed on or about 24 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 November 1 of each fiscal year to all owners, and such notice 2 shall contain the amount of the annual disposal special 3 assessments for the then-current fiscal year and a schedule of 4 the discounts available to the owners for early payments. Such 5 notice shall further advise the owners that failure to pay the 6 annual disposal special assessments in a timely manner may 7 result in a loss of title. 8 (b) The second notice shall be mailed on or about 9 March 31 of such fiscal year to those owners who have failed 10 to pay any or all of the then-due-and-owing annual disposal 11 special assessments, and such notice shall contain a schedule 12 of the initial penalty for nonpayment and shall further advise 13 the owner that a notice of lien will be filed by the Authority 14 against that parcel of improved real property on the public 15 records of the county provided for that purpose. However, if 16 such annual disposal special assessments, together with any 17 penalties thereon, are received prior to September 30 of the 18 fiscal year for which the annual disposal special assessments 19 were levied, then such notice of lien will not be filed. Such 20 notice shall further advise the owners that failure to pay the 21 annual disposal special assessments in a timely manner may 22 result in a loss of title. 23 (c) The third notice shall be mailed on or before June 24 1 of such fiscal year to those owners who have failed to pay 25 any or all of the then-due-and-owing annual disposal special 26 assessments, and such notice shall contain a schedule of the 27 additional penalty incurred by the owners for each month from 28 June 1 and thereafter. 29 30 In addition to the collection of any penalties, the Authority 31 shall recover from the owner any cost that may be incurred in 25 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 connection with such delinquent payments. When any such lien 2 or liens have been fully paid or discharged, the Authority 3 shall properly cause evidence of the satisfaction and 4 discharge of such lien to be provided. Said lien or liens 5 shall not be assigned by the Authority to any person. 6 (7) Enforcement of delinquent annual disposal special 7 assessments.--All delinquent annual disposal special 8 assessment liens may be enforced at any time by the Authority 9 at least 30 days subsequent to the date of the service of the 10 notice of lien for the amount due under such recorded liens, 11 including all penalties, plus costs and a reasonable 12 attorney's fee, by proceeding in a court of equity to 13 foreclose such liens in the manner in which a mortgage lien is 14 foreclosed under the laws of Florida, or the collection and 15 enforcement of payment thereof may be accomplished by any 16 other method authorized by law. It shall be lawful to join in 17 any complaint or foreclosure, or any such legal proceeding, 18 any one or more lots or parcels of land that are the subject 19 of a lien or liens. The Authority is authorized and directed 20 to execute and deliver, upon request, a written certification 21 certifying the amount, including all penalties, plus costs, 22 due for delinquent annual disposal special assessments or 23 under any recorded liens for any parcel of real property, or 24 certifying that no such annual disposal special assessments 25 are due, except current and nondelinquent annual disposal 26 special assessments. 27 (8) Calculation of annual disposal special 28 assessments.-- 29 (a) Based upon the rate resolution, the Authority 30 shall cause to be prepared an annual disposal special 31 assessment roll. Such annual disposal special assessment roll 26 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 shall contain a summary description of each parcel of improved 2 real property within the county on or before September 1 prior 3 to the fiscal year for which the annual disposal special 4 assessments are to be imposed, the name and address of the 5 owner of each parcel of improved real property, the rate 6 applicable to each parcel of improved real property as 7 specified in the rate resolution, and the amount of the annual 8 disposal special assessments applicable to each parcel of 9 improved real property. The summary description of each parcel 10 of improved real property shall be in such detail as to permit 11 ready identification of each parcel on the real property 12 records. The information specified above to be included in the 13 annual disposal special assessment roll shall conform to that 14 maintained by the property appraiser on the real property 15 records. 16 (b) Upon completion of the preparation of the annual 17 disposal special assessment roll, the Authority shall at any 18 regular or special meeting review the annual disposal special 19 assessment roll for preparation in conformity with the rate 20 resolution. The Authority shall make such changes or additions 21 as necessary to conform such annual disposal special 22 assessment roll to the rate resolution. If, upon the 23 completion of such review, the Authority shall be satisfied 24 that the annual disposal special assessment roll has been 25 prepared in conformity with the rate resolution, the Authority 26 shall ratify and confirm the annual disposal special 27 assessment roll and certify that the annual disposal special 28 assessment roll is correct and proper and is to be used in 29 collecting the annual disposal special assessments. 30 (c) On or before October 1 of the fiscal year for 31 which the annual disposal special assessment roll is 27 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 confirmed, the Authority shall cause to be prepared an 2 addendum to the annual disposal special assessment roll 3 containing the addition or deletion of any parcels of improved 4 real property not incorporated into or deleted from the annual 5 disposal special assessment roll but constituting improved 6 real property on September 1 prior to the fiscal year for 7 which the annual disposal special assessments are imposed. 8 Included in such addendum shall be any change in the 9 information specified for each parcel of improved real 10 property on the annual disposal special assessment roll. Such 11 addendum to the annual disposal special assessment roll shall 12 contain information required for the annual disposal special 13 assessment roll and shall be reviewed by the authority and 14 certified as the annual disposal special assessment roll of 15 the Authority. 16 Section 8. Collection of annual disposal special 17 assessments by tax collector; alternative method of levy and 18 collection.--The Authority may, to the extent permitted by 19 law, utilize the office of the tax collector for the purpose 20 of collecting the annual disposal special assessments imposed 21 under this act. The Authority may, in connection with the 22 collection of the annual disposal special assessments, proceed 23 in the manner set forth in this section as an alternative to 24 that set forth in section 7 of this charter, or as provided by 25 chapter 197, Florida Statutes, as it may be amended from time 26 to time. In the event the Authority chooses to follow the 27 method of collection set forth in this section, it must first 28 enter into written agreements with the property appraiser and 29 the tax collector to perform the duties as outlined in this 30 section. Said agreements shall be entered into voluntarily and 31 at the sole options of the property appraiser and the tax 28 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 collector, and shall provide for reimbursement to them of all 2 costs associated with their duties hereunder. 3 (1) Purpose.--It is the purpose of this section to 4 provide for an additional and alternative, but in no event 5 exclusive, method and procedure for the collection of annual 6 disposal special assessments from the owners of all improved 7 real property in both the incorporated and unincorporated 8 areas of the county, in the same manner as the collection of 9 ad valorem taxes by the county and through the tax bill issued 10 by the tax collector. 11 (2) Determination of annual disposal special 12 assessments; public hearing.--On or before July 30 of each 13 year, or such other date as may be specified by chapter 197, 14 Florida Statutes, the Authority shall hold a public hearing 15 for the following purposes: 16 (a) To adopt a budget for the operation and 17 maintenance of the solid waste system for the ensuing fiscal 18 year, including moneys for the payment of the principal and 19 interest on bonds and other outstanding or anticipated 20 indebtedness, including all reserves necessary therefrom, for 21 the payment of necessary reserves for capital expenditures and 22 the renovation, improvements, and replacements of existing 23 facilities of the solid waste system, for the enforcement and 24 administration of the billing and collection of the annual 25 disposal special assessments provided for hereunder, including 26 necessary reserves for anticipated delinquent or uncollectible 27 annual disposal special assessments, and for the payment of 28 the current operation and maintenance of the solid waste 29 system. 30 (b) To adopt a rate resolution incorporating a 31 schedule of annual disposal special assessments to be imposed 29 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 upon the owners of all improved real property in both the 2 incorporated and unincorporated areas of the county to 3 establish the classification of the use of such parcel or 4 parcels of improved real property in order to provide the 5 revenues to fund the budget referred to in paragraph (a). Such 6 rate resolution adopted at the public hearing shall further 7 authorize the collection of the annual disposal special 8 assessments in the same manner as the collection of ad valorem 9 taxes by the county and through the utilization of the office 10 of the tax collector of the county. 11 12 Notice of said public hearing shall be published in a 13 newspaper of general circulation in the county at least twice, 14 with the first publication being at least 20 days prior to the 15 public hearing. Additional notice shall also be provided to 16 each affected property owner by first class mail of both the 17 potential for loss of his or her title through the use of the 18 ad valorem collection method and the time and place of said 19 public hearing. Said public hearing may be continued to a date 20 certain without the necessity of further newspaper 21 advertisement or public notice. 22 (3) Scope of annual disposal special assessments.-- 23 (a) The annual disposal special assessments 24 incorporated in the rate resolution applicable to each parcel 25 of improved real property shall be the annual disposal special 26 assessments for each such parcel of improved real property for 27 the disposal of all solid waste generated on each such parcel 28 of improved real property during the ensuing fiscal year. 29 (b) The annual disposal special assessments shall be 30 imposed against the owners of all real property in both the 31 incorporated and unincorporated areas of the county if such 30 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 real property is improved real property on or before January 1 2 prior to the fiscal year in which the annual disposal special 3 assessments are imposed. 4 (c) The owner and description of each parcel of 5 improved real property shall be that designated on the real 6 property records maintained by the property appraiser. 7 (4) Enforcement and collection.--The annual disposal 8 special assessments shall be due and payable on November l of 9 each year or at such other times as prescribed by the amended 10 tax bill. Such annual disposal special assessments shall be 11 collected and enforced by the tax collector in the same manner 12 that ad valorem taxes are collected, including, but not 13 limited to, provisions of law relating to discount for early 14 payment, prepayment by installment method, and penalty for 15 delinquent payment. 16 (5) Annual disposal special assessments shall 17 constitute a lien on improved real property.--All annual 18 disposal special assessments imposed against the owners of 19 improved real property shall constitute, and are hereby 20 imposed as, liens against such improved real property as of 21 October 1 of the fiscal year for which the annual disposal 22 special assessments are imposed. Until fully paid and 23 discharged or barred by law, the annual disposal special 24 assessments shall remain liens equal in rank and dignity with 25 the lien of the county ad valorem taxes and superior in rank 26 and dignity to all other liens, encumbrances, titles, and 27 claims in, to, or against the real property involved. If any 28 annual disposal special assessment liens become delinquent by 29 not being fully paid by March 31 of the fiscal year for which 30 the annual disposal special assessments are imposed and remain 31 delinquent, the Authority shall cause to be prepared a notice 31 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 of lien containing the amount of the delinquent annual 2 disposal special assessments, including the amount of the 3 first penalty, a legal description of the improved real 4 property against which the lien is imposed, and the name of 5 the owner of such real property as indicated on the real 6 property records maintained by the property appraiser of the 7 county. The Authority shall cause to be mailed on or before 8 June 1 of such fiscal year to those owners who have failed to 9 pay any or all of the then-due-and-owing annual disposal 10 special assessments a notice of intention to file lien, and 11 such notice shall contain a schedule of the additional penalty 12 incurred by the owners for each month from June 1 and 13 thereafter and a notice that a lien will be filed if not paid 14 on or before September 30. If the assessment is not paid, a 15 notice of lien shall be recorded in the public records of the 16 county on or about September 30 of the fiscal year for which 17 the annual disposal special assessments were levied, or as 18 soon thereafter as the Authority shall determine. 19 (6) Payment of annual disposal special 20 assessments.--It shall be the duty of the tax collector, 21 pursuant to law, to collect payments of all annual disposal 22 special assessments referred to in this section. The tax 23 collector shall distribute the annual disposal special 24 assessments so collected to the Authority at the times and in 25 the manner provided by law. The tax collector shall mail to 26 all owners of improved real property such notices as are 27 required by law. 28 (7) Enforcement of delinquent annual disposal special 29 assessments.--All delinquent annual disposal special 30 assessment liens may be enforced by the Authority in the 31 manner provided by law. 32 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 (8) Certification to property appraiser and tax 2 collector.-- 3 (a) Upon adoption by the Authority of the rate 4 resolution provided herein, the Authority shall forthwith 5 deliver a certified copy of the rate resolution to the 6 property appraiser and tax collector. Based upon said rate 7 resolution and pursuant to written contracts between the 8 Authority and the property appraiser and the Authority and the 9 tax collector, the property appraiser shall include the annual 10 disposal special assessments on the tax notice issued pursuant 11 to section 197.3635, Florida Statutes, or any successor laws, 12 and the tax collector shall collect the annual disposal 13 special assessments as provided by law. 14 (b) Nothing contained in this section shall be 15 construed or interpreted to preclude the Authority from 16 submitting, within its discretion, a separately prepared 17 notice of the annual disposal special assessments imposed on 18 certain improved real property to the owner of such property 19 if, in the opinion of the Authority, such procedure shall 20 facilitate the billing and collection of such annual disposal 21 special assessments, which notice shall be in addition to the 22 notice submitted by the property appraiser. 23 (9) Additional proceedings.--The Authority shall 24 conform with and shall do and provide such additional 25 proceedings as may be necessary to enable the Authority to 26 collect the annual disposal special assessments in the same 27 manner as the collection of ad valorem taxes of the county and 28 through the utilization of the office of the tax collector to 29 the extent that the general law relating to the method of 30 collection shall require further and additional notices or 31 other proceedings of the Authority. 33 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 Section 9. Annual disposal special assessments to 2 governmental agencies; applicability of annual disposal 3 special assessments to tax-exempt improved real property.-- 4 (1)(a) The Authority shall bill all governmental 5 agencies owning improved real property within both the 6 incorporated and unincorporated areas of the county and said 7 governmental agencies shall pay the annual disposal special 8 assessments imposed under the applicable classification 9 specified in the rate resolution. 10 (b) The discounts for early payment shall not be 11 applicable to the annual disposal special assessments imposed 12 against governmental agencies owning real property. Such 13 governmental agencies shall pay in the manner provided herein 14 the full annual disposal special assessments imposed. 15 (c) The annual disposal special assessments imposed 16 against governmental agencies shall become delinquent if not 17 fully paid within 60 days from the date the notice of such 18 annual disposal special assessments is mailed. All delinquent 19 annual disposal special assessments shall bear an initial 20 penalty of 4 percent of the full amount of the annual disposal 21 special assessments if not paid by the expiration of the 22 60-day period and an additional penalty of 1 percent per month 23 on the delinquent amount, plus the initial penalty, on the 24 first day of each month thereafter until said annual disposal 25 special assessments are paid in full. 26 (d) The Authority shall have the authority to enforce 27 the collections of any delinquent annual disposal special 28 assessments by the institution of an appropriate action 29 against the governmental agency in a court of competent 30 jurisdiction for a judgment for the amount due under such 31 annual disposal special assessments, including all penalties, 34 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 plus costs and a reasonable attorney's fee. 2 (e) The provisions of paragraphs (5), (6), and (7) of 3 section 7 of this charter and paragraphs (5) and (6) of 4 section 8 of this charter shall not be applicable to the 5 annual disposal special assessments imposed against improved 6 real property owned by any governmental agency. 7 (2) Applicability of annual disposal special 8 assessments to tax-exempt improved real property.--The tax 9 exemption of property form taxation under chapter 196, Florida 10 Statutes, or any other law or constitutional provision shall 11 not relieve the owner of any improved real property in the 12 county from the provisions hereof or from the imposition by 13 the Authority of the annual disposal special assessments 14 applicable to such improved real property as specified in the 15 rate resolution. 16 Section 10. Limitations on franchises.--The Authority 17 shall adopt by resolution a procedure for granting exclusive 18 franchises, subject to the following limitations: 19 (1) No franchise, contract, or permit shall be granted 20 or extended for a period of time exceeding 5 years. 21 (2) A public hearing shall be held prior to the 22 adoption of any rates, fees, or charges to the public. 23 (3) No exclusive franchise shall be granted except 24 pursuant to a procedure adopted by the Authority which shall 25 include the following minimum requirements: 26 (a) The entire process shall comply with chapter 286, 27 Florida Statutes. 28 (b) The procedure shall encourage competition among 29 potential franchisees. 30 (c) The franchise award shall occur at a regular 31 meeting of the Authority and shall be confirmed by a 35 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 subsequent resolution, which shall contain sufficient findings 2 to demonstrate that the award was in the best interest of the 3 public to be served thereby. 4 (d) Any party aggrieved by the franchise award may 5 appeal the award in writing, within 30 days after the award, 6 to the Authority, which shall decide said appeal by written 7 order within 60 days after its receipt by the Authority. An 8 unsuccessful appellant may thereafter appeal the Authority's 9 decision by writ of certiorari to the circuit court. 10 Section 11. Exemption from taxation.--The property, 11 moneys, and other assets of any countywide authority created 12 hereunder and all of its revenues or other income shall be 13 exempt from all taxation, licenses, fees, or other charges of 14 any kind imposed by the state or by the county or by any 15 municipality, political subdivision, taxing district, or other 16 public agency or body of the state. 17 Section 12. Prohibition; permits; penalty.-- 18 (1) It is unlawful to violate this act or the rules 19 duly adopted pursuant to it. After the effective date of this 20 act, no person shall: 21 (a) Place or deposit any solid waste in or on the 22 lands or waters located within the county except in a manner 23 consistent with the countywide solid waste program. 24 (b) Burn solid waste except in a manner consistent 25 with the countywide solid waste program. 26 (c) Accomplish or authorize any act inconsistent with 27 the provisions of this act and those of chapter 403, Florida 28 Statutes. 29 (2) No person shall operate, maintain, construct, 30 expand, or modify any resource recovery or waste management 31 facility without first having applied for and received a valid 36 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 operating permit from the Authority. 2 (3) Any person found in violation of any provision of 3 this act or any rules adopted pursuant to it commits a 4 misdemeanor of the second degree and shall be punished as 5 provided by law. If such violation be continuing, each 24-hour 6 day or fraction thereof during which such violation occurs 7 shall constitute a separate offense. 8 Section 13. Enforcement.--The director of the Palm 9 Beach County Health Department shall determine compliance with 10 the provisions of this act which relate to sanitary 11 collection, storage, processing, and disposal of solid waste, 12 in accordance with the provisions of Palm Beach County 13 Environmental Control Ordinance No. 78-5 and any amendments 14 thereto. Any and all violations shall be reported in writing 15 and a copy of the official inspection report shall be 16 presented to the violator and a copy of said inspection report 17 shall also be delivered to the executive director of the 18 Authority. 19 (1) If any resource recovery or management facility 20 fails to comply with the provisions of the rules adopted by 21 the department or the Authority pursuant to chapter 403, 22 Florida Statutes, or under this act, the director of the Palm 23 Beach County Health Department shall give the violator a 24 reasonable time, by formal notice, within which to correct 25 such violation. Should the violation continue beyond the time 26 specified for correction, the director of the Palm Beach 27 County Health Department shall notify the environmental 28 control officer, in writing, of such failure to correct the 29 violation. 30 (2) Upon notice of the director of the Palm Beach 31 County Health Department that a resource recovery or waste 37 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 management facility has failed to correct violations, the 2 environmental control officer shall notify the Palm Beach 3 County Environmental Control Hearing Board of such 4 noncompliance, whereupon the hearing board shall, within 45 5 days after such notice, order the violator to appear before it 6 to show cause why remedial action should not be taken. Any 7 meetings before the hearing board shall be conducted in 8 accordance with the provisions of Palm Beach County 9 Environmental Control Ordinance No. 78-5 and any amendments 10 thereto. 11 (3) If, after due public hearing, the hearing board 12 upholds the violation, the hearing board shall make a decision 13 setting forth findings of fact and such conclusions of law as 14 are required in view of the issues presented. The decision 15 shall contain an order framed in the manner of a writ of 16 injunction requiring the violator to refrain from committing, 17 creating, maintaining, or permitting the violation and take 18 such affirmative action as the hearing board deems reasonable 19 and necessary under the circumstances to correct such 20 violation. 21 Section 14. Injunctive relief.--If preventive or 22 corrective measures are not taken in accordance with any order 23 of the hearing board, or if the environmental control officer 24 finds that a violation of the provisions of this act exists so 25 as to create an emergency requiring immediate action to 26 protect human health or welfare, the environmental control 27 officer may institute proceedings in the Circuit Court for 28 Palm Beach County to enforce this act or rules or orders 29 pursuant thereto. Such injunctive relief may include both 30 temporary and permanent injunctions. Any proceedings initiated 31 under this section shall be brought for and in the name of the 38 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971
HOUSE AMENDMENT Bill No. HB 945 Amendment No. 01 (for drafter's use only) 1 Authority. 2 Section 15. Judicial review.--Any person aggrieved by 3 any action or decision of the hearing board may seek 4 appropriate judicial review. 5 Section 4. If any provision of this act or the 6 application thereof to any person or circumstance is held 7 invalid, the invalidity shall not affect other provisions or 8 applications of the act which can be given effect without the 9 invalid provision or application, and to this end the 10 provisions of this act are declared severable. 11 Section 5. This act shall be construed as a remedial 12 act and shall be liberally construed to promote the purpose 13 for which it is intended. 14 Section 6. Chapters 75-473, 77-626, 79-536, 79-539, 15 79-542, 84-501, 84-502, 86-433, 88-544, 91-334, 93-345, and 16 94-462, Laws of Florida, are repealed. 17 Section 7. This act shall take effect upon becoming a 18 law. 19 20 21 22 23 24 25 26 27 28 29 30 31 39 File original & 9 copies 04/12/01 hca0002 03:08 pm 00945-lgva-481971