House Bill hb0945
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Florida House of Representatives - 2001 HB 945
By Representative Machek
1 A bill to be entitled
2 An act relating to the Solid Waste Authority of
3 Palm Beach County, a dependent special district
4 in Palm Beach County; codifying the Authority's
5 charter, chapter 75-473, Laws of Florida, as
6 amended, pursuant to s. 189.429, F.S.;
7 providing legislative intent; amending,
8 codifying, and reenacting all special acts
9 relating to the Solid Waste Authority of Palm
10 Beach County as a single act; providing a short
11 title; providing declaration of legislative
12 intent; providing for application to
13 incorporated and unincorporated areas;
14 providing definitions; providing purposes and
15 powers; providing exemption from taxation;
16 providing prohibition, permits, and penalty;
17 providing enforcement; providing injunctive
18 relief; providing judicial review; providing
19 severability; repealing all prior special acts
20 related to the Authority; providing an
21 effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Pursuant to section 189.429, Florida
26 Statutes, this act constitutes the codification of all special
27 acts relating to the Solid Waste Authority of Palm Beach
28 County. It is the intent of the Legislature in enacting this
29 law to provide a single, comprehensive special act charter for
30 the Solid Waste Authority of Palm Beach County, including all
31 current legislative authority granted to the Authority by its
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1 several legislative enactments and any additional authority
2 granted by this act.
3 Section 2. Chapters 75-473, 77-626, 79-536, 79-539,
4 79-542, 84-501, 84-502, 86-433, 88-544, 91-334, 93-345, and
5 94-462, Laws of Florida, relating to the Solid Waste Authority
6 of Palm Beach County, are codified, reenacted, amended, and
7 repealed as herein provided.
8 Section 3. The charter for the Solid Waste Authority
9 of Palm Beach County is re-created and reenacted to read:
10 Section 1. Short title.--This act may be known and
11 cited as the "Palm Beach County Solid Waste Act."
12 Section 2. Declaration of legislative intent.--In
13 order to enhance the beauty and quality of our environment,
14 conserve our natural resources, prevent the spread of disease
15 and creation of nuisances, protect the public health, safety,
16 and welfare, and provide a coordinated resource recovery and
17 waste management program for Palm Beach County, it is
18 necessary to form a countywide authority for the management of
19 solid waste to meet the expanding problems related to the
20 processing and disposal of solid waste within Palm Beach
21 County and to:
22 (1) Provide for the safe and sanitary processing and
23 disposal of solid waste.
24 (2) Provide a coordinated countywide program for the
25 management of hazardous waste and control of solid waste
26 processing and disposal in cooperation with federal, state,
27 and local agencies responsible for the prevention, control, or
28 abatement of air, water, and land pollution.
29 (3) Require the municipalities and the county to plan
30 for and develop an adequate solid waste collection system.
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1 Section 3. Creation of countywide solid waste
2 authority.--In order to effectuate the intent and purpose of
3 this act as set forth in section 2, the Solid Waste Authority
4 of Palm Beach County is created as a dependent special
5 district. Its board shall consist of the seven members of the
6 Board of County Commissioners of Palm Beach County. A quorum
7 of the board shall be four members.
8 Section 4. Application to incorporated and
9 unincorporated areas.--This act shall apply to both the
10 incorporated and unincorporated areas of Palm Beach County.
11 Section 5. Definitions.--As used in this act, unless
12 some other meaning is plainly intended:
13 (1) "Act" means this act and all amendments thereto.
14 (2) "Authority" means the Solid Waste Authority of
15 Palm Beach County.
16 (3) "Cost of acquisition and/or construction" means
17 the cost of acquiring, constructing, reconstructing,
18 improving, extending, equipping, and furnishing any resource
19 recovery and solid waste management facilities, including the
20 cost of demolishing, removing, or relocating any buildings,
21 structures, or utilities on lands acquired or to be acquired,
22 including the cost of acquiring lands to which such buildings,
23 structures, or utilities may be moved or relocated, the cost
24 of all labor and materials, the cost of financing charges,
25 discount on the purchase price of bonds otherwise permitted
26 hereunder, and interest on the bonds of the Authority prior
27 to, during, and for a period not exceeding 2 years after
28 completion thereof, payments under and fees and expenses in
29 connection with any derivative agreements, the cost of
30 establishing and funding initial reserves, the cost of
31 engineering, financial, and legal services plans,
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1 specifications, studies, surveys, estimates of cost and of
2 revenues, and other expenses necessary or incidental to
3 determining the feasibility or practicability of any such
4 construction or acquisition, administrative expenses, and such
5 other costs and expenses as may be necessary or incidental to
6 such acquisition, construction, reconstruction, improvement,
7 extension, equipping, or furnishing, the financing thereof,
8 placing such resource recovery and solid waste management
9 facilities in operation, and the issuance of bonds under this
10 act.
11 (4) "Clerk" means Clerk of the Circuit Court of Palm
12 Beach County, Florida.
13 (5) "County" means Palm Beach County, Florida.
14 (6) "Department" means the Department of Environmental
15 Protection or any successor agency performing a like function.
16 (7) "Derivative agreements" means contracts commonly
17 known as investment contracts, interest rate swap agreements,
18 or contracts providing for payments based on levels of or
19 changes in interest rates, or contracts to exchange cash flows
20 or a series of payments, to hedge payment, rate, spread, or
21 similar exposure, which the governing body of the Authority
22 determines to be necessary, desirable, or appropriate to
23 achieve a desirable effective interest rate in connection with
24 bonds, notes, or bond anticipation notes issued by the
25 Authority.
26 (8) "Director" means the Executive Director of the
27 Solid Waste Authority of Palm Beach County or his or her duly
28 authorized representative.
29 (9) "Disposal" means the disposition of solid waste by
30 resource recovery, processing, recycling, or the placing of
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1 solid waste materials on the land for final disposition, or
2 any combination thereof.
3 (10) "Fiscal year" means the year beginning October 1
4 of each year and ending September 30 of the following year.
5 (11) "General obligation bonds" means bonds or other
6 obligations secured by the full faith and credit and taxing
7 power of the Authority and payable from ad valorem taxes
8 levied and collected on all taxable property in Palm Beach
9 County, without limitation of rate or amount, and may be
10 additionally secured by the pledge of either or both the
11 proceeds of special assessments levied against benefited
12 property or revenues derived from solid waste disposal
13 systems.
14 (12) "Hazardous waste" has the same meaning as the
15 term is defined in section 403.703(21), Florida Statutes, or
16 any successor law or regulation.
17 (13) "Municipality" means all incorporated
18 municipalities or special taxing districts exercising
19 municipal powers in relation to collection and disposal of
20 solid waste, lying and being in Palm Beach County, Florida.
21 (14) "Person" or "persons" means any and all persons,
22 natural or artificial, including any individual, firm, or
23 association, any facility, or any municipal or private
24 corporation organized or existing under the laws of the State
25 of Florida or any other state and any county or governmental
26 agency of this state or the Federal Government.
27 (15) "Processing" means the act of modifying or
28 altering the nature of solid waste materials to facilitate
29 reuse, transfer, transport, and disposal, including, but not
30 limited to, systems employing physical, thermal, organic, or
31 chemical techniques.
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1 (16) "Property appraiser" means the Property Appraiser
2 of Palm Beach County, Florida.
3 (17) "Recycling" means any process by which solid
4 waste materials are recovered and reused in manufacturing,
5 agricultural, power production, and other processes.
6 (18) "Resource recovery" means the process by which
7 materials in solid waste retaining useful physical or chemical
8 properties are reused or recycled for the same or other
9 purposes, including use as an energy source.
10 (19) "Revenue bonds" means bonds or other obligations
11 of the Authority secured by and payable from the rates, fees,
12 charges, and other income collected by the Authority from the
13 users of its resource recovery and solid waste management
14 facilities, or by pledge of the full faith and credit of the
15 Authority, or by a combination thereof.
16 (20) "Solid waste" means garbage, sewage, sludge,
17 septage, rubbish, refuse, and other discarded solid or liquid
18 materials resulting from domestic, industrial, commercial,
19 agricultural, and governmental operations, but does not
20 include solid or dissolved materials in domestic sewage, storm
21 drainage, or other significant pollutants in water resources,
22 such as silt, dissolved or suspended solids in industrial
23 wastewater effluents, dissolved materials in irrigation return
24 flows, or other common water pollutants.
25 (21) "Solid waste system" or "resource recovery and
26 solid waste management facilities" or "project" means any
27 plant, facility, or property and additions, extensions, and
28 improvements thereto, at any time constructed or acquired as
29 part thereof, useful or necessary or having the capacity for
30 future use for resource recovery or solid waste management
31 and, without limiting the generality of the foregoing, shall
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1 include vehicles used for transport from transfer stations to
2 treatment sites and incinerators for the purposes of reducing
3 the volume of or disposing of solid waste by burial, as well
4 as proper disposal of residue from incineration, and shall
5 include all real and personal property and any interest
6 therein, rights, easements, and franchises of any nature
7 whatsoever, and equipment, machinery, furnishings, fixtures,
8 and replacements, relating to any such solid waste system and
9 necessary or convenient for the operation thereof.
10 (22) "Tax collector" means the Tax Collector of Palm
11 Beach County, Florida.
12 (23) "Transport" means the act of movement of solid
13 waste materials to facilitate processing, reuse, and disposal.
14 (24) "Waste management" means the systematic control
15 of the generation, storage, collection, transport, treatment,
16 processing, recycling, recovery, and disposal of solid waste.
17 Section 6. Purposes and powers.--For the purposes of
18 this act, all of Palm Beach County is deemed to be a special
19 district. In addition to other powers, duties, and
20 responsibilities necessary to carry out the provisions of this
21 act, the Authority shall have the power to:
22 (1) Adopt and from time to time thereafter alter,
23 rescind, modify, or amend rules, guidelines, and orders
24 necessary for its operation in accordance with chapter 403,
25 Florida Statutes, and all successor laws. No such rules or
26 amendments thereto shall be adopted or become effective until
27 after a public hearing has been held by the Authority pursuant
28 to notice published in a newspaper of general circulation in
29 the county at least 21 days prior to the hearing. When
30 approved by the Authority, such rules shall have the force and
31 effect of law. Nothing in this act shall be construed so as to
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1 prevent the Authority from adopting rules which are more
2 strict and extensive than those imposed by the department.
3 (2) Adopt a resource recovery and waste management
4 program for Palm Beach County that shall provide for the
5 transportation, storage, separation, processing, recovery,
6 recycling, or disposal of solid waste generated or existing
7 within the county and modify and update such program or plan
8 as necessary or as may be required by law.
9 (3) Acquire, at its discretion, personal or real
10 property or any interest therein by gifts, lease, eminent
11 domain, or purchase. The Authority may enter upon any land or
12 water for the purpose of making surveys and may exercise the
13 right of eminent domain whenever public necessity or
14 convenience requires in accordance with chapters 73 and 74,
15 Florida Statutes, and other applicable law.
16 (4) Appoint an executive director to be responsible to
17 the Authority and who shall serve at its pleasure. There shall
18 be such other officers and employees as may be provided by the
19 Authority. The officers shall be appointed or removed by the
20 executive director subject to confirmation by the Authority.
21 The employees shall be appointed and removed by the executive
22 director. The Authority shall fix the salary of the executive
23 director and shall have, but may delegate to the executive
24 director, the power to fix the salaries of all other officers
25 and employees of the Authority. The Authority shall also have
26 the power to employ or appoint engineers, accountants,
27 attorneys, and such other personnel as may be required for the
28 operation and management of the Authority and to fix their
29 compensation.
30 (5) Require surety bonds for any of the officers and
31 employees in such amounts as the Authority deems necessary.
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1 The premiums for the bonds shall be paid in the same manner as
2 any other operating expense.
3 (6) Sue and be sued, implead and be impleaded, and
4 complain and defend in all courts.
5 (7) Adopt, use, and alter a corporate seal.
6 (8) Acquire, construct, reconstruct, improve,
7 maintain, equip, furnish, and operate at its discretion such
8 resource recovery and waste management facilities as are
9 required to carry out the purposes and intent of this act and
10 to meet the requirements of chapter 403, Florida Statutes, and
11 other applicable law.
12 (9) Conduct studies, develop programs, provide
13 continuing management and monitoring of waste projects,
14 programs, and facilities directly or indirectly affecting the
15 solid waste management system in Palm Beach County, and
16 contract, for such periods as may be agreed upon by the
17 parties, with governmental agencies, individuals, public or
18 private corporations, municipalities, or any other person in
19 carrying out the purposes of this act and the requirements of
20 chapter 403, Florida Statutes, and other applicable law.
21 (10) Fix, alter, charge, and establish reasonable
22 rates, fees, and other charges for the facilities provided by
23 the Authority, including, but not limited to, planning,
24 permitting, inspection, collection, enforcement, and disposal
25 site developing and operation, which rates, fees, and charges
26 must be sufficient to cover all costs for said normal
27 functions and facilities, including, but not limited to,
28 permits, fees, and disposal costs.
29 (11) Without limitation, borrow money and issue
30 evidence of indebtedness and accept property, gifts, or grants
31 or loans of money from the Federal Government, state
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1 government, and other sources, public or private, which loans
2 and grants shall be expended in accordance with the purposes
3 and provisions of this act.
4 (12) Issue revenue bonds.
5 (a) The Authority shall have the power and is hereby
6 authorized by resolution to issue revenue bonds for the
7 purpose of paying all or part of the costs of acquisition
8 and/or construction of resource recovery and waste management
9 facilities. The issuance of such revenue bonds shall be
10 authorized by resolution of the Authority, which resolution
11 may be adopted at a regular or special meeting by a majority
12 vote of members voting thereon and at the same meeting at
13 which it is introduced. Such revenue bonds may be issued in
14 one or more series and shall bear such date or dates of
15 issuance, bear interest at such rate or rates, not exceeding 9
16 percent per annum, mature at such time or times, not exceeding
17 40 years from their respective dates of issuance, be subject
18 to such terms of redemption, with or without premium, be
19 issued in such form, registered or not, with or without
20 interest coupons, entitle the holder thereof to such
21 conversion or registration privileges, be executed in such
22 manner, be in such denomination or denominations, be payable
23 in such medium of payment at such place or places, which may
24 be any bank or trust company within or without the state, have
25 such rank or priority, be secured in such manner, and have
26 such other characteristics as may be provided in the
27 resolution of the Authority authorizing the issuance of such
28 bonds or in such subsequent resolutions as the Authority may
29 adopt prior to the issuance of such bonds. All bonds issued
30 under this act shall have and are hereby declared to be and to
31 have all the qualities and incidents of negotiable instruments
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1 under the Uniform Commercial Code--Investment Securities Law
2 of the state. The Authority may sell such bonds at private
3 sale and in such manner and for such price or prices as it may
4 determine to be in the best interest of the Authority, but no
5 such bonds shall be sold at a price as will yield to the
6 purchaser thereof income at a rate exceeding 9 percent per
7 annum to the stated maturity dates of such bonds, as completed
8 according to the standard tables of bond values. If said bonds
9 are sold at public sale, a notice of such sale shall be
10 published at least once at least 10 days prior to the date of
11 such sale in a newspaper published and circulating in the
12 County of Palm Beach and in a financial newspaper or journal
13 circulating in New York City, New York. The Authority may
14 issue interim bonds, notes, certificates, or receipts, with or
15 without coupons, exchangeable for definitive bonds when such
16 bonds have been executed and are available for delivery.
17 (b) The Authority shall fix and revise from time to
18 time the rates, fees, or other charges for the services and
19 facilities furnished by the Authority, and such rates, fees,
20 or other charges shall be so fixed and adjusted as to provide
21 sufficient funds to pay the principal of and interest on all
22 bonds issued as the same become due and payable for such
23 purposes, and including the cost of operating, maintaining,
24 and repairing the facilities of the Authority and all such
25 other payments required by the proceedings providing for the
26 issuance of such bonds. Such rates, fees, or other charges
27 shall not be subject to supervision or regulation by the
28 state, any political subdivision, or any commission, board, or
29 agency.
30 (c) The Authority, in the issuance of revenue bonds,
31 shall have the authority to pledge all or any part of the
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1 revenues derived from the operation of the facilities of the
2 Authority and shall have the power to determine the rank or
3 priority of such pledge of revenues for any purpose, including
4 different issues of bonds, and to grant to the holders of the
5 bonds a lien on all or any part of the revenues prior to the
6 use of such revenues for any other purposes.
7 (d) All revenues received by the Authority shall be
8 deemed to be trust funds to be held and applied as provided in
9 this act. The Authority may also provide that each issue of
10 bonds or any combined issue of bonds may be secured by a trust
11 agreement by and between the Authority and a corporate
12 trustee, which may be any trust company or bank within or
13 without the state. Such trust agreement may pledge or assign
14 the revenues to be received and provide for the rank and
15 priority between different trust agreements for different
16 issues of bonds. The resolution or resolutions providing for
17 the issuance of bonds or such trust agreements may contain
18 such provisions for protecting and enforcing the rights and
19 remedies of the holders of the bonds as may be reasonable and
20 proper, not in violation of the law, including covenants
21 setting forth the duties of the Authority relating to the
22 construction, acquisition, improvement, maintenance,
23 operation, repair, and cost of any project or facility, as is
24 customary in trust agreements or trust indentures securing
25 bonds or debentures of corporations, and may contain such
26 other provisions as the Authority may deem reasonable and
27 proper for the security of the holders of such bonds.
28 (e) The Authority is also hereby authorized to issue
29 refunding bonds for the purpose of refunding any bonds of the
30 Authority then outstanding, including the payment of any
31 redemption premium thereon, and interest accrued or to accrue
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1 to maturity or to the prior redemption of such outstanding
2 bonds, as the case may be, or for the combined purpose of
3 refunding such outstanding bonds and paying the cost of
4 acquisition and/or construction of one or more projects. The
5 issuance of such revenue refunding bonds shall be authorized
6 by resolution of the board of the Authority in the same manner
7 as provided in paragraph (a). Such refunding bonds may be
8 issued to refund such outstanding bonds as they mature and
9 become payable, or as they are called for redemption prior to
10 their stated dates of maturity, and the Authority shall be
11 authorized to invest the proceeds or part of the proceeds of
12 such refunding bonds, pending the dates of maturity of such
13 outstanding bonds or the dates upon which such outstanding
14 bonds are to be called prior to their stated dates of
15 maturity, in such lawful securities as the Authority shall
16 deem desirable, for the purpose of refunding such outstanding
17 bonds in the manner provided in this paragraph. The issuance
18 of such revenue refunding bonds, the maturities and other
19 details thereof, the rights of the holders thereof, the
20 security for the payment thereof, and the rights, duties, and
21 obligations of the Authority in respect of the same shall be
22 governed by the provisions of this act insofar as the same may
23 be applicable.
24 (f) The Authority shall also have power to issue notes
25 prior to the issuance of bonds, but such notes shall mature in
26 not less than 3 years and the payment thereof shall be subject
27 to any prior pledge of the revenues of the Authority or any ad
28 valorem taxes of the Authority.
29 (g) The Authority may also issue bond anticipation
30 notes after the authorization of the issuance of bonds in the
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1 manner provided in section 215.431, Florida Statutes, or
2 successor law.
3 (13) Enter into interest rate swap agreements in
4 connection with tax-exempt bonds and to issue debt to finance
5 payments under such interest rate swap agreements. The use of
6 interest rate swap agreements to reduce borrowing costs will
7 enable the Authority to have flexibility to finance or
8 refinance projects relating to its solid waste system in a
9 more economically efficient manner. The Authority, other
10 special districts, and municipalities already have the express
11 power to enter into interest rate swap agreements and other
12 derivative products with respect to their taxable bonds under
13 the Taxable Bond Act of 1987, part VII, chapter 159, Florida
14 Statutes. The Legislature finds that the ability of the
15 Authority to enter into derivative agreements shall serve a
16 public purpose by reducing interest costs to the Authority and
17 enhancing the marketability of the Authority's bonds, notes,
18 or bond anticipation notes. Further, such derivative
19 agreements afford the Authority the ability to achieve the
20 lowest effective borrowing costs or terms most suitable to the
21 Authority. The provisions of this act are designed to serve a
22 public purpose by providing for the health, safety, welfare,
23 and economic well-being of the people of the county. Further,
24 these provisions are intended to provide express authority to
25 exercise the powers granted hereby and shall not be construed
26 in limitation of any existing powers of the Authority to enter
27 into or carry out any derivative agreements. This act shall be
28 a supplemental and alternative authority to any other
29 provisions of special or general law. In accordance with
30 section 189.404(3), Florida Statutes, this act shall
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1 constitute the minimum charter requirements of the Solid Waste
2 Authority of Palm Beach County.
3 (14) Seek injunctive relief in a court of competent
4 jurisdiction to prevent the violation of this act or any
5 resolution, rule, or regulation adopted pursuant to the powers
6 granted by this act without the necessity of showing of a
7 public nuisance in such legal proceeding.
8 (15) Sell or otherwise dispose of any byproducts
9 produced by the operation of resource recovery or waste
10 management facilities to any governmental agency, individual,
11 public or private corporation, municipality, or any other
12 person.
13 (16) Levy ad valorem tax on the taxable property in
14 the special district solely for the purposes of this act and
15 not to exceed 1 mill on the dollar, subject to referendum.
16 Property taxes determined and levied under this section shall
17 be certified by the Authority to the county property appraiser
18 and extended, assessed, and collected in accordance with the
19 provisions of chapter 197, Florida Statutes. At any time after
20 making a tax levy under this section and certifying the same
21 to the county and the state, the Authority may issue tax
22 anticipation notes of indebtedness in anticipation of the
23 collection of such taxes.
24 (17) When the fees or charges for the services and
25 facilities and any waste disposal or resource recovery
26 facility are not paid when due and payable and are in default
27 for 30 days or more, following written notice to such
28 delinquent customer, discontinue and shut off the supply of
29 the services and facilities of said system to the person,
30 firm, corporation, or other body, public or private, so
31 supplied with such services or facilities until such fees,
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1 rates, or charges, including legal interest, penalties, and
2 charges for the shutting off and discontinuance or the
3 restoration of such services or facilities, are fully paid.
4 Such delinquent fees or charges, together with legal interest,
5 penalties, and charges for the shutting off and discontinuance
6 or the restoration of such services or facilities, and
7 reasonable attorney's fees, costs, and other expenses may be
8 recovered by the Authority in a court of competent
9 jurisdiction.
10 (18) Transfer, sell, or assign to any governmental
11 agency, individual, public or private corporation,
12 municipality, or other person, at whatever terms it deems
13 reasonable, any property which it finds is not needed to carry
14 out the purposes of this act.
15 (19) As necessary to carry out its resource recovery
16 and/or disposal plans or programs or when necessary to carry
17 out any other provision of this act, require that all wastes
18 collected by public or private agencies from any municipality
19 or unincorporated area of the county be transported to
20 Authority-designated processing and disposal facilities in a
21 manner and form as may be mandated in accordance with the act,
22 particularly subsections (2) and (8). This act shall not be
23 construed to preclude public or private agencies from
24 operating permitted transfer stations, provided that solid
25 waste transferred or transported therefrom shall be delivered
26 to Authority-designated processing and disposal facilities as
27 set forth in this section.
28 (20) Perform any and all governmental functions of the
29 county, or of any municipality, related to solid waste
30 provided for by general law, including, but not limited to,
31 chapter 403, Florida Statutes, or any successor law, pursuant
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1 to written contract or interlocal agreement. For those
2 purposes, the Authority may employ the special assessment
3 procedures contained in sections 7 and 8 of this act. The Palm
4 Beach County Board of County Commissioners shall set for the
5 unincorporated portions of the county all fees necessary to
6 accomplish the purposes of this paragraph, and the governing
7 body of any municipality shall set the required fees for its
8 respective jurisdiction. Any such fees must be sufficient to
9 pay all costs incurred by the Authority in connection with the
10 solid waste services to be provided, including the cost of
11 billing services.
12 (21) Establish a mandatory collection system for the
13 county and impose reasonable rates, fees, and charges to all
14 users of said system. The Authority may establish annual
15 collection special assessments for users of this collection
16 system in like manner as the disposal assessments provided for
17 in this section or section 7.
18 (22) Grant franchises and contracts, issue permits, or
19 otherwise provide for the collection of solid waste in the
20 county and receive the assignment of such franchises,
21 contracts, and permits, and establish reasonable rates, fees,
22 and charges therefor.
23 (23) In connection with, or incidental to, the sale
24 and issuance of bonds, enter into any contracts which the
25 Authority determines to be necessary or appropriate to achieve
26 a desirable, effective interest rate in connection with the
27 bonds or notes by means of, but not limited to, contracts
28 commonly known as investment contracts, funding agreements,
29 interest rate swap agreements, currency swap agreements,
30 forward payment conversion agreements, or futures; contracts
31 providing for payments based on levels of or changes in
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1 interest rates; contracts to exchange cash flows or a series
2 of payments; or contracts including, without limitation,
3 options, puts, or calls to hedge payment, rate, spread, or
4 similar exposure. Such contracts or arrangements may also be
5 entered into by the Authority in connection with, or
6 incidental to, entering into any agreement which secures bonds
7 or provides liquidity therefor. Such contracts and
8 arrangements shall be made upon the terms and conditions
9 established by the Authority after giving due consideration
10 for the credit worthiness of the counterparties, where
11 applicable, including any rating by a nationally recognized
12 rating service or by any other criteria as may be appropriate.
13 (24) Notwithstanding the prohibition against extra
14 compensation set forth in section 215.425, Florida Statutes,
15 provide for an extra compensation program, including a
16 lump-sum bonus payment program, to reward outstanding
17 employees whose performances exceed standards, if the program
18 provides that a bonus payment may not be included in an
19 employee's regular base rate of pay and may not be carried
20 forward in subsequent years.
21 Section 7. Special assessments.--Since all improved
22 properties in the county receive a direct, substantial benefit
23 by the provision of solid waste disposal and collection
24 services by the Authority, the Authority shall have the
25 additional power to impose, levy, collect, or have collected,
26 in accordance with the provisions of chapter 197, Florida
27 Statutes, the annual disposal special assessments herein
28 authorized and defined as a means of financing the
29 construction and/or acquisition of additions, extensions, and
30 improvements to the solid waste system, the payment of the
31 principal of and interest on bonds issued pursuant to this
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1 act, the cost of operating, maintaining, and repairing the
2 solid waste system, and all other payments that are required
3 to be made by the Authority in connection with the purposes of
4 this act.
5 (1) Definitions.--For the purposes of this section and
6 section 8, the following terms shall have the following
7 meanings:
8 (a) "Addendum to annual disposal special assessments
9 roll" or "addendum" means the list prepared by and confirmed
10 by the Authority each fiscal year containing the same
11 information as the annual disposal special assessment roll as
12 to any parcels of improved real property not incorporated on
13 the corresponding annual disposal special assessment roll and
14 incorporating any changes as to the information specified for
15 any parcel of improved real property on the corresponding
16 annual disposal special assessment roll, including any
17 additions to or deletions from such annual disposal special
18 assessment roll.
19 (b) "Annual disposal special assessments" means the
20 annual disposal special assessments imposed upon a parcel or
21 parcels of improved real property for the disposal of solid
22 waste for the applicable fiscal year based upon the
23 classification of the use of such parcel or parcels of
24 improved real property as set forth in the rate resolution.
25 (c) "Annual disposal special assessment roll" means
26 the list prepared and confirmed by the Authority each fiscal
27 year containing a summary description of each parcel of
28 improved real property, the name and address of the owner of
29 each such parcel as indicated on the records maintained by the
30 property appraiser, and the amount of the annual disposal
31
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1 special assessments applicable to each parcel of improved real
2 property.
3 (d) "Collection" means the process whereby solid waste
4 is removed and transported to a solid waste facility.
5 (e) "Governmental agencies" means all state, federal,
6 or local agencies or units of government located within the
7 county, including, but not limited to, the School Board of
8 Palm Beach County, all county agencies and departments, all
9 municipalities within the county, all special districts and
10 municipal service taxing units with all or part of their
11 boundaries within the county, and any municipality or special
12 district or other unit of government, the boundaries of which
13 are not within the county but which is the owner of improved
14 real property within the county.
15 (f) "Improved real property" means all real property
16 located within the county that generates or is capable of
17 generating solid waste and that contains buildings,
18 structures, or other improvements designed or constructed for
19 and capable of use or used for human habitation, human
20 activity, or commercial enterprises.
21 (g) "Owner" means the person or persons owning an
22 interest in improved real property.
23 (h) "Rate resolution" means the resolution or
24 resolutions of the Authority described in paragraph (3)(b).
25 (2) Purpose.--It is the purpose of this section to
26 require all persons within the county and all governmental
27 agencies to use exclusively the solid waste system operated
28 and maintained by the Authority or designated by the Authority
29 for the disposal of all solid waste generated within both the
30 incorporated and unincorporated areas of the county; to
31 establish a schedule of assessments for all improved real
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1 property in both the incorporated and unincorporated areas of
2 the county to pay for the cost of financing, operating, and
3 maintaining the solid waste system; to establish the method
4 and procedure for the classification of such improved real
5 property in the establishment of such schedule of annual
6 disposal special assessments; to provide for a method and
7 procedure for the collection of such assessments from the
8 owners of such improved real property; and to provide for the
9 operation of the solid waste system.
10 (3) Determination of annual disposal special
11 assessments; public hearing; method of collection of annual
12 disposal special assessments.--On or before October 1 of each
13 year, the Authority shall hold a public hearing for the
14 following purposes:
15 (a) To adopt a budget for the operation and
16 maintenance of the solid waste system for the ensuing fiscal
17 year, including moneys for the payment of the principal of and
18 interest on bonds and other outstanding or anticipated
19 indebtedness, including all reserves necessary therefor, for
20 the payment of necessary reserves for capital expenditures and
21 the renovation, improvements, and replacements of existing
22 facilities of the solid waste system, for the enforcement and
23 administration of the billing and collection of the annual
24 disposal special assessments provided for hereunder, including
25 necessary reserves for anticipated delinquent or uncollectible
26 annual disposal special assessments, and for the payment of
27 the current operation and maintenance of the solid waste
28 system.
29 (b) To adopt a rate resolution incorporating a
30 schedule of annual disposal special assessments to impose upon
31 the owners of all improved real property in both the
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1 incorporated and unincorporated areas of the county which
2 shall constitute a lien as provided for in subsection (5) and
3 to establish the classification of the use of such parcel of
4 improved real property in order to provide revenues which,
5 together with other moneys of the Authority lawfully available
6 therefor, shall be sufficient to fund the budget referred to
7 in paragraph (a). The rates established by the Authority in
8 each year under the provisions of the rate resolution shall be
9 sufficient to provide moneys for the purposes described in
10 paragraph (a), and the Authority shall not establish rates
11 over and above the rates that are necessary to comply with the
12 provisions of paragraph (a) and the budgetary requirements of
13 any proceedings of the Authority heretofore or hereafter
14 adopted in connection with the issuance of any of its bonds,
15 notes, or other evidences of indebtedness.
16
17 Notice of said public hearing shall be published in a
18 newspaper of general circulation in the county at least twice,
19 with the first publication being at least 20 days prior to the
20 date set for the public hearing. Said public hearing may be
21 continued to a date certain without the necessity of further
22 newspaper advertisement or public notice.
23 (4) Scope of annual disposal special assessments;
24 discount for early payment; delinquency.--
25 (a) The annual disposal special assessments
26 incorporated in the rate resolution applicable to each parcel
27 of improved real property shall be the annual disposal special
28 assessments for each such parcel of improved real property for
29 the disposal of all solid waste generated or capable of being
30 generated as determined by the Authority on each such parcel
31 of improved real property during the ensuing fiscal year.
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1 (b) The annual disposal special assessments shall be
2 imposed against the owners of all improved real property in
3 both the incorporated and unincorporated areas of the county
4 if such real property is improved real property on or before
5 September 1 prior to the fiscal year in which the annual
6 disposal special assessments are imposed.
7 (c) The owner and description of each parcel of
8 improved real property shall be that designated on the real
9 property records maintained by the property appraiser.
10 (d) The annual disposal special assessments shall be
11 due and payable 30 days after the mailing of the original
12 annual disposal special assessments billing. On all annual
13 disposal special assessments imposed and collected, discounts
14 for early payment thereof shall be at the rate of 4 percent in
15 the month of November and at any time within 30 days after the
16 mailing of the original annual disposal special assessments
17 billings; 3 percent in the month of December; 2 percent in the
18 month of January; and 1 percent in the month of February. The
19 annual disposal special assessments paid in March shall be
20 without discount. The annual disposal special assessments
21 shall become delinquent if not fully paid by March 31 of the
22 fiscal year for which the annual disposal special assessments
23 are imposed. All delinquent annual disposal special
24 assessments shall bear an initial penalty of 3 percent of the
25 full amount of the annual disposal special assessments if not
26 paid by March 31 of the fiscal year for which the annual
27 disposal special assessments are imposed and an additional
28 penalty of 1 percent per month on the delinquent principal
29 amount on the first day of June and on the first day of each
30 month thereafter until the annual disposal special assessments
31 are paid in full.
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1 (5) Annual disposal special assessments shall
2 constitute a lien on improved real property.--All annual
3 disposal special assessments imposed against the owners of
4 improved real property shall constitute, and are hereby
5 imposed as, liens against such improved real property as of
6 October 1 of the fiscal year for which the annual disposal
7 special assessments are imposed. Until fully paid and
8 discharged or barred by law, the annual disposal special
9 assessments shall be prior to all other liens, except that
10 such liens shall be on parity with a lien of state, county,
11 and municipal taxes, and any lien for charges for services
12 created pursuant to section 159.17, Florida Statutes. If any
13 annual disposal special assessment liens become delinquent by
14 not being fully paid by March 31 of the fiscal year for which
15 the annual disposal special assessments are imposed and remain
16 delinquent, the Authority shall cause to be prepared a notice
17 of lien containing the amount of the delinquent annual
18 disposal special assessments, including the amount of the
19 first penalty, a legal description of the improved real
20 property against which the lien is imposed, and the name of
21 the owner of such real property as indicated on the real
22 property records maintained by the property appraiser of the
23 county. Said notice of lien shall be recorded in the public
24 records of the county on or about September 30 of the fiscal
25 year for which the annual disposal special assessments were
26 levied, or as soon thereafter as the Authority shall
27 determine. A copy of the notice of lien shall be served on the
28 owner of record as provided in section 713.18, Florida
29 Statutes, within 10 days after the notice of lien is recorded.
30 (6) Payment of annual disposal special assessments;
31 discharge of recorded liens.--The Authority shall collect the
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1 payment of all current or delinquent annual disposal special
2 assessments from November 1 of the fiscal year for which the
3 annual disposal special assessments are imposed until paid or
4 satisfied as herein provided. The Authority shall mail notices
5 of the annual disposal special assessments to the owners of
6 each parcel of improved real property in the manner and
7 containing the information as follows:
8 (a) The first notice shall be mailed on or about
9 November 1 of each fiscal year to all owners, and such notice
10 shall contain the amount of the annual disposal special
11 assessments for the then-current fiscal year and a schedule of
12 the discounts available to the owners for early payments. Such
13 notice shall further advise the owners that failure to pay the
14 annual disposal special assessments in a timely manner may
15 result in a loss of title.
16 (b) The second notice shall be mailed on or about
17 March 31 of such fiscal year to those owners who have failed
18 to pay any or all of the then-due-and-owing annual disposal
19 special assessments, and such notice shall contain a schedule
20 of the initial penalty for nonpayment and shall further advise
21 the owner that a notice of lien will be filed by the Authority
22 against that parcel of improved real property on the public
23 records of the county provided for that purpose. However, if
24 such annual disposal special assessments, together with any
25 penalties thereon, are received prior to September 30 of the
26 fiscal year for which the annual disposal special assessments
27 were levied, then such notice of lien will not be filed. Such
28 notice shall further advise the owners that failure to pay the
29 annual disposal special assessments in a timely manner may
30 result in a loss of title.
31
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1 (c) The third notice shall be mailed on or before June
2 1 of such fiscal year to those owners who have failed to pay
3 any or all of the then-due-and-owing annual disposal special
4 assessments, and such notice shall contain a schedule of the
5 additional penalty incurred by the owners for each month from
6 June 1 and thereafter.
7
8 In addition to the collection of any penalties, the Authority
9 shall recover from the owner any cost that may be incurred in
10 connection with such delinquent payments. When any such lien
11 or liens have been fully paid or discharged, the Authority
12 shall properly cause evidence of the satisfaction and
13 discharge of such lien to be provided. Said lien or liens
14 shall not be assigned by the Authority to any person.
15 (7) Enforcement of delinquent annual disposal special
16 assessments.--All delinquent annual disposal special
17 assessment liens may be enforced at any time by the Authority
18 at least 30 days subsequent to the date of the service of the
19 notice of lien for the amount due under such recorded liens,
20 including all penalties, plus costs and a reasonable
21 attorney's fee, by proceeding in a court of equity to
22 foreclose such liens in the manner in which a mortgage lien is
23 foreclosed under the laws of Florida, or the collection and
24 enforcement of payment thereof may be accomplished by any
25 other method authorized by law. It shall be lawful to join in
26 any complaint or foreclosure, or any such legal proceeding,
27 any one or more lots or parcels of land that are the subject
28 of a lien or liens. The Authority is authorized and directed
29 to execute and deliver, upon request, a written certification
30 certifying the amount, including all penalties, plus costs,
31 due for delinquent annual disposal special assessments or
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1 under any recorded liens for any parcel of real property, or
2 certifying that no such annual disposal special assessments
3 are due, except current and nondelinquent annual disposal
4 special assessments.
5 (8) Calculation of annual disposal special
6 assessments.--
7 (a) Based upon the rate resolution, the Authority
8 shall cause to be prepared an annual disposal special
9 assessment roll. Such annual disposal special assessment roll
10 shall contain a summary description of each parcel of improved
11 real property within the county on or before September 1 prior
12 to the fiscal year for which the annual disposal special
13 assessments are to be imposed, the name and address of the
14 owner of each parcel of improved real property, the rate
15 applicable to each parcel of improved real property as
16 specified in the rate resolution, and the amount of the annual
17 disposal special assessments applicable to each parcel of
18 improved real property. The summary description of each parcel
19 of improved real property shall be in such detail as to permit
20 ready identification of each parcel on the real property
21 records. The information specified above to be included in the
22 annual disposal special assessment roll shall conform to that
23 maintained by the property appraiser on the real property
24 records.
25 (b) Upon completion of the preparation of the annual
26 disposal special assessment roll, the Authority shall at any
27 regular or special meeting review the annual disposal special
28 assessment roll for preparation in conformity with the rate
29 resolution. The Authority shall make such changes or additions
30 as necessary to conform such annual disposal special
31 assessment roll to the rate resolution. If, upon the
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1 completion of such review, the Authority shall be satisfied
2 that the annual disposal special assessment roll has been
3 prepared in conformity with the rate resolution, the Authority
4 shall ratify and confirm the annual disposal special
5 assessment roll and certify that the annual disposal special
6 assessment roll is correct and proper and is to be used in
7 collecting the annual disposal special assessments.
8 (c) On or before October 1 of the fiscal year for
9 which the annual disposal special assessment roll is
10 confirmed, the Authority shall cause to be prepared an
11 addendum to the annual disposal special assessment roll
12 containing the addition or deletion of any parcels of improved
13 real property not incorporated into or deleted from the annual
14 disposal special assessment roll but constituting improved
15 real property on September 1 prior to the fiscal year for
16 which the annual disposal special assessments are imposed.
17 Included in such addendum shall be any change in the
18 information specified for each parcel of improved real
19 property on the annual disposal special assessment roll. Such
20 addendum to the annual disposal special assessment roll shall
21 contain information required for the annual disposal special
22 assessment roll and shall be reviewed by the authority and
23 certified as the annual disposal special assessment roll of
24 the Authority.
25 (9) Annual disposal special assessments to
26 governmental agencies.--
27 (a) All governmental agencies owning improved real
28 property within both the incorporated and unincorporated areas
29 of the county shall pay the annual disposal special
30 assessments imposed under the applicable classification
31 specified in the rate resolution.
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1 (b) The discounts for early payment shall not be
2 applicable to the annual disposal special assessments imposed
3 against governmental agencies owning real property. Such
4 governmental agencies shall pay in the manner provided herein
5 the full annual disposal special assessments imposed.
6 (c) The annual disposal special assessments imposed
7 against governmental agencies shall become delinquent if not
8 fully paid within 60 days from the date the notice of such
9 annual disposal special assessments are mailed. All delinquent
10 annual disposal special assessments shall bear an initial
11 penalty of 4 percent of the full amount of the annual disposal
12 special assessments if not paid by the expiration of such
13 60-day period and an additional penalty of 1 percent per month
14 on the delinquent amount plus the initial penalty on the first
15 day of the first month following the expiration of such 60-day
16 period and on the first day of each month thereafter until
17 said annual disposal special assessments are paid in full.
18 (d) The Authority shall have the authority to enforce
19 the collections of any delinquent annual disposal special
20 assessments by the institution of an appropriate action
21 against the governmental agency in a court of competent
22 jurisdiction for a judgment for the amount due under such
23 annual disposal special assessments, including all penalties,
24 plus costs and a reasonable attorney's fee.
25 (e) The provisions of subsections (5)-(7) shall not be
26 applicable to the annual disposal special assessments imposed
27 against improved real property owned by any governmental
28 agency.
29 (10) Applicability of annual disposal special
30 assessments to tax-exempt improved real property.--The
31 exemption of property from taxation under chapter 196, Florida
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1 Statutes, or any other law or constitutional provision shall
2 not relieve the owner of any improved real property in any
3 incorporated or unincorporated areas of the county from the
4 provisions hereof or from the imposition by the Authority of
5 the annual disposal special assessments applicable to such
6 improved real property as specified in the rate resolution.
7 Section 8. Collection of annual disposal special
8 assessments by tax collector.--The Authority may, to the
9 extent permitted by law, utilize the office of the tax
10 collector of the county for the purpose of collecting the
11 annual disposal special assessments imposed under the act. The
12 Authority shall, in connection with the collection of the
13 annual disposal special assessments under this section proceed
14 in the manner set forth in this section. The procedures set
15 forth in this section shall apply, provided the Authority has
16 entered into written agreements with the property appraiser
17 and the tax collector to perform the duties as outlined in
18 this section. Said agreements shall be entered into
19 voluntarily and at the sole options of the property appraiser
20 and the tax collector, and shall provide for reimbursement to
21 them of all costs associated with their duties hereunder.
22 (1) Purpose.--It is the purpose of this section to
23 provide for an additional and alternative, but in no event
24 exclusive, method and procedure for the collection of annual
25 disposal special assessments from the owners of all improved
26 real property in both the incorporated and unincorporated
27 areas of the county, in the same manner as the collection of
28 ad valorem taxes by the county and through the tax bill issued
29 by the tax collector of the county.
30 (2) Determination of annual disposal special
31 assessments; public hearing; method of collection of annual
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1 disposal special assessments.--On or before July 30 of each
2 year, or such other date as may be specified by chapter 197,
3 Florida Statutes, the Authority shall hold a public hearing
4 for the following purposes:
5 (a) To adopt a budget for the operation and
6 maintenance of the solid waste system for the ensuing fiscal
7 year, including moneys for the payment of the principal and
8 interest on bonds and other outstanding or anticipated
9 indebtedness, including all reserves necessary therefrom, for
10 the payment of necessary reserves for capital expenditures and
11 the renovation, improvements, and replacements of existing
12 facilities of the solid waste system, for the enforcement and
13 administration of the billing and collection of the annual
14 disposal special assessments provided for hereunder, including
15 necessary reserves for anticipated delinquent or uncollectible
16 annual disposal special assessments, and for the payment of
17 the current operation and maintenance of the solid waste
18 system.
19 (b) To adopt a rate resolution incorporating a
20 schedule of annual disposal special assessments to be imposed
21 upon the owners of all improved real property in both the
22 incorporated and unincorporated areas of the county to
23 establish the classification of the use of such parcel or
24 parcels of improved real property in order to provide the
25 revenues to fund the budget referred to in paragraph (a). Such
26 rate resolution adopted at the public hearing shall further
27 authorize the collection of the annual disposal special
28 assessments in the same manner as the collection of ad valorem
29 taxes by the county and through the utilization of the office
30 of the tax collector of the county.
31
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1 Notice of said public hearing shall be published in a
2 newspaper of general circulation in the county at least twice,
3 with the first publication being at least 20 days prior to the
4 public hearing. Additional notice shall also be provided to
5 each affected property owner by first class mail of both the
6 potential for loss of his or her title through the use of the
7 ad valorem collection method and the time and place of said
8 public hearing. Said public hearing may be continued to a date
9 certain without the necessity of further newspaper
10 advertisement or public notice.
11 (3) Scope of annual disposal special assessments.--
12 (a) The annual disposal special assessments
13 incorporated in the rate resolution applicable to each parcel
14 of improved real property shall be the annual disposal special
15 assessments for each such parcel of improved real property for
16 the disposal of all solid waste generated on each such parcel
17 of improved real property during the ensuing fiscal year.
18 (b) The annual disposal special assessments shall be
19 imposed against the owners of all real property in both the
20 incorporated and unincorporated areas of the county if such
21 real property is improved real property on or before January 1
22 prior to the fiscal year in which the annual disposal special
23 assessments are imposed.
24 (c) The owner and description of each parcel of
25 improved real property shall be that designated on the real
26 property records maintained by the property appraiser.
27 (4) Enforcement and collection.--The annual disposal
28 special assessments shall be due and payable on November l of
29 each year or at such other times as prescribed by the amended
30 tax bill. Such annual disposal special assessments shall be
31 collected and enforced by the tax collector in the same manner
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1 that ad valorem taxes are collected, including, but not
2 limited to, provisions of law relating to discount for early
3 payment, prepayment by installment method, and penalty for
4 delinquent payment.
5 (5) Annual disposal special assessments shall
6 constitute a lien on improved real property.--All annual
7 disposal special assessments imposed against the owners of
8 improved real property shall constitute, and are hereby
9 imposed as, liens against such improved real property as of
10 October 1 of the fiscal year for which the annual disposal
11 special assessments are imposed. Until fully paid and
12 discharged or barred by law, the annual disposal special
13 assessments shall remain liens equal in rank and dignity with
14 the lien of the county ad valorem taxes and superior in rank
15 and dignity to all other liens, encumbrances, titles, and
16 claims in, to, or against the real property involved. If any
17 annual disposal special assessment liens become delinquent by
18 not being fully paid by March 31 of the fiscal year for which
19 the annual disposal special assessments are imposed and remain
20 delinquent, the Authority shall cause to be prepared a notice
21 of lien containing the amount of the delinquent annual
22 disposal special assessments, including the amount of the
23 first penalty, a legal description of the improved real
24 property against which the lien is imposed, and the name of
25 the owner of such real property as indicated on the real
26 property records maintained by the property appraiser of the
27 county. The Authority shall cause to be mailed on or before
28 June 1 of such fiscal year to those owners who have failed to
29 pay any or all of the then-due-and-owing annual disposal
30 special assessments a notice of intention to file lien, and
31 such notice shall contain a schedule of the additional penalty
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1 incurred by the owners for each month from June 1 and
2 thereafter and a notice that a lien will be filed if not paid
3 on or before September 30. If the assessment is not paid, a
4 notice of lien shall be recorded in the public records of the
5 county on or about September 30 of the fiscal year for which
6 the annual disposal special assessments were levied, or as
7 soon thereafter as the Authority shall determine.
8 (6) Payment of annual disposal special
9 assessments.--It shall be the duty of the tax collector,
10 pursuant to law, to collect payments of all annual disposal
11 special assessments referred to in this section. The tax
12 collector shall distribute the annual disposal special
13 assessments so collected to the Authority at the times and in
14 the manner provided by law. The tax collector shall mail to
15 all owners of improved real property such notices as are
16 required by law.
17 (7) Enforcement of delinquent annual disposal special
18 assessments.--All delinquent annual disposal special
19 assessment liens may be enforced by the Authority in the
20 manner provided by law.
21 (8) Certification to property appraiser and tax
22 collector.--
23 (a) Upon adoption by the Authority of the rate
24 resolution provided herein, the Authority shall forthwith
25 deliver a certified copy of the rate resolution to the
26 property appraiser and tax collector. Based upon said rate
27 resolution and pursuant to written contracts between the
28 Authority and the property appraiser and the Authority and the
29 tax collector, the property appraiser shall include the annual
30 disposal special assessments on the tax notice issued pursuant
31 to section 197.3635, Florida Statutes, or any successor laws,
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1 and the tax collector shall collect the annual disposal
2 special assessments as provided by law.
3 (b) Nothing contained in this section shall be
4 construed or interpreted to preclude the Authority from
5 submitting, within its discretion, a separately prepared
6 notice of the annual disposal special assessments imposed on
7 certain improved real property to the owner of such property
8 if, in the opinion of the Authority, such procedure shall
9 facilitate the billing and collection of such annual disposal
10 special assessments, which notice shall be in addition to the
11 notice submitted by the property appraiser.
12 (9) Annual disposal special assessments to
13 governmental agencies.--
14 (a) The Authority shall bill all governmental agencies
15 owning improved real property within both the incorporated and
16 unincorporated areas of the county and said governmental
17 agencies shall pay the annual disposal special assessments
18 imposed under the applicable classification specified in the
19 rate resolution.
20 (b) The discounts for early payment shall not be
21 applicable to the annual disposal special assessments imposed
22 against governmental agencies owning real property. Such
23 governmental agencies shall pay in the manner provided herein
24 the full annual disposal special assessments imposed.
25 (c) The annual disposal special assessments imposed
26 against governmental agencies shall become delinquent if not
27 fully paid within 60 days from the date the notice of such
28 annual disposal special assessments is mailed. All delinquent
29 annual disposal special assessments shall bear an initial
30 penalty of 4 percent of the full amount of the annual disposal
31 special assessments if not paid by the expiration of such
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1 60-day period and an additional penalty of 1 percent per month
2 on the delinquent amount, plus the initial penalty, on the
3 first day of the first month following the expiration of the
4 60-day period and on the first day of each month thereafter
5 until said annual disposal special assessments are paid in
6 full.
7 (d) The Authority shall have the authority to enforce
8 the collections of any delinquent annual disposal special
9 assessments by the institution of an appropriate action
10 against the governmental agency in a court of competent
11 jurisdiction for a judgment for the amount due under such
12 annual disposal special assessments, including all penalties,
13 plus costs and a reasonable attorney's fee.
14 (e) The provisions of subsections (5) and (6) shall
15 not be applicable to the annual disposal special assessments
16 imposed against improved real property owned by any
17 governmental agency.
18 (10) Applicability of annual disposal special
19 assessments to tax-exempt improved real property.--The tax
20 exemption of property from taxation under chapter 196, Florida
21 Statutes, or any other law or constitutional provision shall
22 not relieve the owner of any improved real property in the
23 county from the provisions hereof or from the imposition by
24 the Authority of the annual disposal special assessments
25 applicable to such improved real property as specified in the
26 rate resolution.
27 (11) Additional proceedings.--The Authority shall
28 conform with and shall do and provide such additional
29 proceedings as may be necessary to enable the Authority to
30 collect the annual disposal special assessments in the same
31 manner as the collection of ad valorem taxes of the county and
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1 through the utilization of the office of the tax collector of
2 the county to the extent that the general law relating to the
3 method of collection shall require further and additional
4 notices or other proceedings of the Authority.
5 Section 9. Limitations on franchises.--The Authority
6 shall adopt by resolution a procedure for granting exclusive
7 franchises, subject to the following limitations:
8 (1) No franchise, contract, or permit shall be granted
9 or extended for a period of time exceeding 5 years.
10 (2) A public hearing shall be held prior to the
11 adoption of any rates, fees, or charges to the public.
12 (3) No exclusive franchise shall be granted except
13 pursuant to a procedure adopted by the Authority which shall
14 include the following minimum requirements:
15 (a) The entire process shall comply with chapter 286,
16 Florida Statutes.
17 (b) The procedure shall encourage competition among
18 potential franchisees.
19 (c) The franchise award shall occur at a regular
20 meeting of the Authority and shall be confirmed by a
21 subsequent resolution, which shall contain sufficient findings
22 to demonstrate that the award was in the best interest of the
23 public to be served thereby.
24 (d) Any party aggrieved by the franchise award may
25 appeal the award in writing, within 30 days after the award,
26 to the Authority, which shall decide said appeal by written
27 order within 60 days after its receipt by the Authority. An
28 unsuccessful appellant may thereafter appeal the Authority's
29 decision by writ of certiorari to the circuit court.
30 Section 10. Exemption from taxation.--The property,
31 moneys, and other assets of any countywide authority created
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1 hereunder and all of its revenues or other income shall be
2 exempt from all taxation, licenses, fees, or other charges of
3 any kind imposed by the state or by the county or by any
4 municipality, political subdivision, taxing district, or other
5 public agency or body of the state.
6 Section 11. Prohibition; permits; penalty.--
7 (1) It is unlawful to violate this act or the rules
8 duly adopted pursuant to it. After the effective date of this
9 act, no person shall:
10 (a) Place or deposit any solid waste in or on the
11 lands or waters located within the county except in a manner
12 consistent with the countywide solid waste program.
13 (b) Burn solid waste except in a manner consistent
14 with the countywide solid waste program.
15 (c) Accomplish or authorize any act inconsistent with
16 the provisions of this act and those of chapter 403, Florida
17 Statutes.
18 (2) No person shall operate, maintain, construct,
19 expand, or modify any resource recovery or waste management
20 facility without first having applied for and received a valid
21 operating permit from the Authority.
22 (3) Any person found in violation of any provision of
23 this act or any rules adopted pursuant to it commits a
24 misdemeanor of the second degree and shall be punished as
25 provided by law. If such violation be continuing, each 24-hour
26 day or fraction thereof during which such violation occurs
27 shall constitute a separate offense.
28 Section 12. Enforcement.--The director of the Palm
29 Beach County Health Unit shall determine compliance with the
30 provisions of this act which relate to sanitary collection,
31 storage, processing, and disposal of solid waste. Any and all
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1 violations shall be reported in writing and a copy of the
2 official inspection report shall be presented to the violator
3 and a copy of said inspection report shall also be delivered
4 to the executive director of the Authority.
5 (1) If any resource recovery or management facility
6 fails to comply with the provisions of the rules adopted by
7 the department or the Authority pursuant to chapter 403,
8 Florida Statutes, or under this act, the director of the Palm
9 Beach County Health Unit shall give the violator a reasonable
10 time, by formal notice, within which to correct such
11 violation. Should the violation continue beyond the time
12 specified for correction, the director of the Palm Beach
13 County Health Unit shall notify the environmental control
14 officer, in writing, of such failure to correct the violation.
15 (2) Upon notice of the director of the Palm Beach
16 County Health Unit that a resource recovery or waste
17 management facility has failed to correct violations, the
18 environmental control officer shall notify the Palm Beach
19 County Environmental Control Hearing Board of such
20 noncompliance, whereupon the hearing board shall, within 45
21 days after such notice, order the violator to appear before it
22 to show cause why remedial action should not be taken. Any
23 meetings before the hearing board shall be conducted in
24 accordance with the provisions of Section II of Palm Beach
25 County Environmental Control Ordinance No. 78-5 and any
26 amendments thereto.
27 (3) If, after due public hearing, the hearing board
28 upholds the violation, the hearing board shall make a decision
29 setting forth findings of fact and such conclusions of law as
30 are required in view of the issues presented. The decision
31 shall contain an order framed in the manner of a writ of
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1 injunction requiring the violator to refrain from committing,
2 creating, maintaining, or permitting the violation and take
3 such affirmative action as the hearing board deems reasonable
4 and necessary under the circumstances to correct such
5 violation.
6 Section 13. Injunctive relief.--If preventive or
7 corrective measures are not taken in accordance with any order
8 of the hearing board, or if the environmental control officer
9 finds that a violation of the provisions of this act exists so
10 as to create an emergency requiring immediate action to
11 protect human health or welfare, the environmental control
12 officer may institute proceedings in the Circuit Court for
13 Palm Beach County to enforce this act or rules or orders
14 pursuant thereto. Such injunctive relief may include both
15 temporary and permanent injunctions. Any proceedings initiated
16 under this section shall be brought for and in the name of the
17 Authority.
18 Section 14. Judicial review.--Any person aggrieved by
19 any action or decision of the hearing board may seek
20 appropriate judicial review.
21 Section 4. If any provision of this act or the
22 application thereof to any person or circumstance is held
23 invalid, the invalidity shall not affect other provisions or
24 applications of the act which can be given effect without the
25 invalid provision or application, and to this end the
26 provisions of this act are declared severable.
27 Section 5. This act shall be construed as a remedial
28 act and shall be liberally construed to promote the purpose
29 for which it is intended.
30 Section 6. The provisions of this act are intended to
31 provide express authority to exercise the powers granted
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1 hereby and shall not be construed in limitation of any
2 existing powers of the Authority to enter into and carry out
3 any derivative agreements. This act shall be a supplemental
4 and alternative authority to any other provisions of special
5 or general law.
6 Section 7. Chapters 75-473, 77-626, 79-536, 79-539,
7 79-542, 84-501, 84-502, 86-433, 88-544, 91-334, 93-345, and
8 94-462, Laws of Florida, are repealed.
9 Section 8. This act shall take effect upon becoming a
10 law.
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