House Bill hb0945e1
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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7 repealed as herein provided.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) "Clerk" means Clerk of the Circuit Court of Palm
17 Beach County, Florida.
18 (4) "Cost of acquisition and/or construction" means
19 the cost of acquiring, constructing, reconstructing,
20 improving, extending, equipping, and furnishing any resource
21 recovery and solid waste management facilities, including the
22 cost of demolishing, removing, or relocating any buildings,
23 structures, or utilities on lands acquired or to be acquired,
24 including the cost of acquiring lands to which such buildings,
25 structures, or utilities may be moved or relocated, the cost
26 of all labor and materials, the cost of financing charges,
27 discount on the purchase price of bonds otherwise permitted
28 hereunder, and interest on the bonds of the Authority prior
29 to, during, and for a period not exceeding 2 years after
30 completion thereof, payments under and fees and expenses in
31 connection with any derivative agreements, the cost of
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1 establishing and funding initial reserves, the cost of
2 engineering, financial, and legal services plans,
3 specifications, studies, surveys, estimates of cost and of
4 revenues, and other expenses necessary or incidental to
5 determining the feasibility or practicability of any such
6 construction or acquisition, administrative expenses, and such
7 other costs and expenses as may be necessary or incidental to
8 such acquisition, construction, reconstruction, improvement,
9 extension, equipping, or furnishing, the financing thereof,
10 placing such resource recovery and solid waste management
11 facilities in operation, and the issuance of bonds under this
12 act.
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 to issue revenue bonds for the purpose of paying
7 all or part of the costs of acquisition and/or construction of
8 resource recovery and waste management facilities. The
9 issuance of such revenue bonds shall be authorized by
10 resolution of the Authority, which resolution may be adopted
11 at a regular or special meeting by a majority vote of members
12 voting thereon and at the same meeting at which it is
13 introduced. Such revenue bonds may be issued in one or more
14 series and shall bear such date or dates of issuance, bear
15 interest at such rate or rates, not exceeding the maximum rate
16 permitted under section 215.84, Florida Statutes, or any
17 successor statute, mature at such time or times, not exceeding
18 40 years from their respective dates of issuance, be subject
19 to such terms of redemption, with or without premium, be
20 issued in such form, registered or not, with or without
21 interest coupons, entitle the holder thereof to such
22 conversion or registration privileges, be executed in such
23 manner, be in such denomination or denominations, be payable
24 in such medium of payment at such place or places, which may
25 be any bank or trust company within or without the state, have
26 such rank or priority, be secured in such manner, and have
27 such other characteristics as may be provided in the
28 resolution of the Authority authorizing the issuance of such
29 bonds or in such subsequent resolutions as the Authority may
30 adopt prior to the issuance of such bonds. All bonds issued
31 under this act shall have and are hereby declared to be and to
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1 have all the qualities and incidents of negotiable instruments
2 under the Uniform Commercial Code--Investment Securities Law
3 of the state. The Authority may sell such bonds at private
4 sale and in such manner and for such price or prices as it may
5 determine to be in the best interest of the Authority, but no
6 such bonds shall be sold at a price as will yield to the
7 purchaser thereof income at a rate exceeding the maximum rate
8 permitted under section 215.84, Florida Statutes, or any
9 successor statute, as computed according to the standard
10 tables of bond values. If said bonds are sold at public sale,
11 a notice of such sale shall be published at least once at
12 least 10 days prior to the date of such sale in a newspaper
13 published and circulating in the county and in a financial
14 newspaper or journal circulating in New York City, New York.
15 The Authority may issue interim bonds, notes, certificates, or
16 receipts, with or without coupons, exchangeable for definitive
17 bonds when such bonds have been executed and are available for
18 delivery.
19 (b) The Authority shall fix and revise from time to
20 time the rates, fees, or other charges for the services and
21 facilities furnished by the Authority, and such rates, fees,
22 or other charges shall be so fixed and adjusted as to provide
23 sufficient funds to pay the principal of and interest on all
24 bonds issued as the same become due and payable for such
25 purposes, and including the cost of operating, maintaining,
26 and repairing the facilities of the Authority and all such
27 other payments required by the proceedings providing for the
28 issuance of such bonds. Such rates, fees, or other charges
29 shall not be subject to supervision or regulation by the
30 state, any political subdivision, or any commission, board, or
31 agency.
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1 (c) The Authority, in the issuance of revenue bonds,
2 shall have the authority to pledge all or any part of the
3 revenues derived from the operation of the facilities of the
4 Authority and shall have the power to determine the rank or
5 priority of such pledge of revenues for any purpose, including
6 different issues of bonds, and to grant to the holders of the
7 bonds a lien on all or any part of the revenues prior to the
8 use of such revenues for any other purposes.
9 (d) All revenues received by the Authority shall be
10 deemed to be trust funds to be held and applied as provided in
11 this act. The Authority may also provide that each issue of
12 bonds or any combined issue of bonds may be secured by a trust
13 agreement by and between the Authority and a corporate
14 trustee, which may be any trust company or bank within or
15 without the state. Such trust agreement may pledge or assign
16 the revenues to be received and provide for the rank and
17 priority between different trust agreements for different
18 issues of bonds. The resolution or resolutions providing for
19 the issuance of bonds or such trust agreements may contain
20 such provisions for protecting and enforcing the rights and
21 remedies of the holders of the bonds as may be reasonable and
22 proper, not in violation of the law, including covenants
23 setting forth the duties of the Authority relating to the
24 construction, acquisition, improvement, maintenance,
25 operation, repair, and cost of any project or facility, as is
26 customary in trust agreements or trust indentures securing
27 bonds or debentures of corporations, and may contain such
28 other provisions as the Authority may deem reasonable and
29 proper for the security of the holders of such bonds.
30 (e) The Authority is also hereby authorized to issue
31 refunding bonds for the purpose of refunding any bonds of the
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1 Authority then outstanding, including the payment of any
2 redemption premium thereon, and interest accrued or to accrue
3 to maturity or to the prior redemption of such outstanding
4 bonds, as the case may be, or for the combined purpose of
5 refunding such outstanding bonds and paying the cost of
6 acquisition and/or construction of one or more projects. The
7 issuance of such revenue refunding bonds shall be authorized
8 by resolution of the board of the Authority in the same manner
9 as provided in paragraph (a). Such refunding bonds may be
10 issued to refund such outstanding bonds as they mature and
11 become payable, or as they are called for redemption prior to
12 their stated dates of maturity, and the Authority shall be
13 authorized to invest the proceeds or part of the proceeds of
14 such refunding bonds, pending the dates of maturity of such
15 outstanding bonds or the dates upon which such outstanding
16 bonds are to be called prior to their stated dates of
17 maturity, in such lawful securities as the Authority shall
18 deem desirable, for the purpose of refunding such outstanding
19 bonds in the manner provided in this paragraph. The issuance
20 of such revenue refunding bonds, the maturities and other
21 details thereof, the rights of the holders thereof, the
22 security for the payment thereof, and the rights, duties, and
23 obligations of the Authority in respect of the same shall be
24 governed by the provisions of this act insofar as the same may
25 be applicable.
26 (f) The Authority shall also have power to issue notes
27 prior to the issuance of bonds, but such notes shall mature in
28 not less than 3 years and the payment thereof shall be subject
29 to any prior pledge of the revenues of the Authority or any ad
30 valorem taxes of the Authority.
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1 (g) The Authority may also issue bond anticipation
2 notes after the authorization of the issuance of bonds in the
3 manner provided in section 215.431, Florida Statutes, or
4 successor law.
5 (13) Enter into interest rate swap agreements in
6 connection with tax-exempt bonds and to issue debt to finance
7 payments under such interest rate swap agreements. The use of
8 interest rate swap agreements to reduce borrowing costs will
9 enable the Authority to have flexibility to finance or
10 refinance projects relating to its solid waste system in a
11 more economically efficient manner. The Authority, other
12 special districts, and municipalities already have the express
13 power to enter into interest rate swap agreements and other
14 derivative products with respect to their taxable bonds under
15 the Taxable Bond Act of 1987, part VII, chapter 159, Florida
16 Statutes. The Legislature finds that the ability of the
17 Authority to enter into derivative agreements shall serve a
18 public purpose by reducing interest costs to the Authority and
19 enhancing the marketability of the Authority's bonds, notes,
20 or bond anticipation notes. Further, such derivative
21 agreements afford the Authority the ability to achieve the
22 lowest effective borrowing costs or terms most suitable to the
23 Authority. The provisions of this paragraph are designed to
24 serve a public purpose by providing for the health, safety,
25 welfare, and economic well-being of the people of the county.
26 Further, these provisions are intended to provide express
27 authority to exercise the powers granted hereby and shall not
28 be construed in limitation of any existing powers of the
29 Authority to enter into or carry out any derivative
30 agreements. This paragraph shall be a supplemental and
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1 alternative authority to any other provisions of special or
2 general law.
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 property appraiser and
18 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 this
22 act, particularly paragraphs (2) and (8) of this section. This
23 act shall not be construed to preclude public or private
24 agencies from operating permitted transfer stations, provided
25 that solid waste transferred or transported therefrom shall be
26 delivered to Authority-designated processing and disposal
27 facilities as 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 sections 7 or 8.
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; method of levy and
22 collection.--Since all improved properties in the county
23 receive a direct, substantial benefit by the provision of
24 solid waste disposal and collection services by the Authority,
25 the Authority shall have the additional power to impose, levy,
26 collect, or have collected, in accordance with the provisions
27 of chapter 197, Florida Statutes or sections 7, 8 or 9 of this
28 charter, the annual disposal special assessments herein
29 authorized and defined as a means of financing the
30 construction and/or acquisition of additions, extensions, and
31 improvements to the solid waste system, the payment of the
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1 principal of and interest on bonds issued pursuant to this
2 act, the cost of operating, maintaining, and repairing the
3 solid waste system, and all other payments that are required
4 to be made by the Authority in connection with the purposes of
5 this act.
6 (1) Definitions.--For the purposes of this section and
7 sections 8 and 9, the following terms shall have the following
8 meanings:
9 (a) "Addendum to annual disposal special assessments
10 roll" or "addendum" means the list prepared by and confirmed
11 by the Authority each fiscal year containing the same
12 information as the annual disposal special assessment roll as
13 to any parcels of improved real property not incorporated on
14 the corresponding annual disposal special assessment roll and
15 incorporating any changes as to the information specified for
16 any parcel of improved real property on the corresponding
17 annual disposal special assessment roll, including any
18 additions to or deletions from such annual disposal special
19 assessment roll.
20 (b) "Annual disposal special assessments" means the
21 annual disposal special assessments imposed upon a parcel or
22 parcels of improved real property for the disposal of solid
23 waste for the applicable fiscal year based upon the
24 classification of the use of such parcel or parcels of
25 improved real property as set forth in the rate resolution.
26 (c) "Annual disposal special assessment roll" means
27 the list prepared and confirmed by the Authority each fiscal
28 year containing a summary description of each parcel of
29 improved real property, the name and address of the owner of
30 each such parcel as indicated on the records maintained by the
31 property appraiser, and the amount of the annual disposal
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1 special assessments applicable to each parcel of improved real
2 property.
3 (d) "Collection" means, with respect to solid waste
4 services, the process whereby solid waste is removed and
5 transported to a solid waste facility.
6 (e) "Governmental agencies" means all state, federal,
7 or local agencies or units of government located within the
8 county, including, but not limited to, the School Board of
9 Palm Beach County, all county agencies and departments, all
10 municipalities within the county, all special districts and
11 municipal service taxing units with all or part of their
12 boundaries within the county, and any municipality or special
13 district or other unit of government, the boundaries of which
14 are not within the county but which is the owner of improved
15 real property within the county.
16 (f) "Improved real property" means all real property
17 located within the county that generates or is capable of
18 generating solid waste and that contains buildings,
19 structures, or other improvements designed or constructed for
20 and capable of use or used for human habitation, human
21 activity, or commercial enterprises.
22 (g) "Owner" means the person or persons owning an
23 interest in improved real property.
24 (h) "Rate resolution" means the resolution or
25 resolutions of the Authority described in paragraph (3)(b) of
26 this section and paragraph (2)(b) of section 8 of this
27 charter.
28 (2) Purpose.--It is the purpose of this section to
29 require all persons within the county and all governmental
30 agencies to use exclusively the solid waste system operated
31 and maintained by the Authority or designated by the Authority
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HB 945, First Engrossed/ntc
1 for the disposal of all solid waste generated within both the
2 incorporated and unincorporated areas of the county; to
3 establish a schedule of assessments for all improved real
4 property in both the incorporated and unincorporated areas of
5 the county to pay for the cost of financing, operating, and
6 maintaining the solid waste system; to establish the method
7 and procedure for the classification of such improved real
8 property in the establishment of such schedule of annual
9 disposal special assessments; to provide for a method and
10 procedure for the collection of such assessments from the
11 owners of such improved real property; and to provide for the
12 operation of the solid waste system.
13 (3) Determination of annual disposal special
14 assessments; public hearing.--On or before October 1 of each
15 year, the Authority shall hold a public hearing for the
16 following purposes:
17 (a) To adopt a budget for the operation and
18 maintenance of the solid waste system for the ensuing fiscal
19 year, including moneys for the payment of the principal of and
20 interest on bonds and other outstanding or anticipated
21 indebtedness, including all reserves necessary therefor, for
22 the payment of necessary reserves for capital expenditures and
23 the renovation, improvements, and replacements of existing
24 facilities of the solid waste system, for the enforcement and
25 administration of the billing and collection of the annual
26 disposal special assessments provided for hereunder, including
27 necessary reserves for anticipated delinquent or uncollectible
28 annual disposal special assessments, and for the payment of
29 the current operation and maintenance of the solid waste
30 system.
31
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HB 945, First Engrossed/ntc
1 (b) To adopt a rate resolution incorporating a
2 schedule of annual disposal special assessments to impose upon
3 the owners of all improved real property in both the
4 incorporated and unincorporated areas of the county which
5 shall constitute a lien as provided for in paragraph (5) and
6 to establish the classification of the use of such parcel of
7 improved real property in order to provide revenues which,
8 together with other moneys of the Authority lawfully available
9 therefor, shall be sufficient to fund the budget referred to
10 in paragraph (a). The rates established by the Authority in
11 each year under the provisions of the rate resolution shall be
12 sufficient to provide moneys for the purposes described in
13 paragraph (a), and the Authority shall not establish rates
14 over and above the rates that are necessary to comply with the
15 provisions of paragraph (a) and the budgetary requirements of
16 any proceedings of the Authority heretofore or hereafter
17 adopted in connection with the issuance of any of its bonds,
18 notes, or other evidences of indebtedness.
19
20 Notice of said public hearing shall be published in a
21 newspaper of general circulation in the county at least twice,
22 with the first publication being at least 20 days prior to the
23 date set for the public hearing. Said public hearing may be
24 continued to a date certain without the necessity of further
25 newspaper advertisement or public notice.
26 (4) Scope of annual disposal special assessments;
27 discount for early payment; delinquency.--
28 (a) The annual disposal special assessments
29 incorporated in the rate resolution applicable to each parcel
30 of improved real property shall be the annual disposal special
31 assessments for each such parcel of improved real property for
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1 the disposal of all solid waste generated or capable of being
2 generated as determined by the Authority on each such parcel
3 of improved real property during the ensuing fiscal year.
4 (b) The annual disposal special assessments shall be
5 imposed against the owners of all improved real property in
6 both the incorporated and unincorporated areas of the county
7 if such real property is improved real property on or before
8 September 1 prior to the fiscal year in which the annual
9 disposal special assessments are imposed.
10 (c) The owner and description of each parcel of
11 improved real property shall be that designated on the real
12 property records maintained by the property appraiser.
13 (d) The annual disposal special assessments shall be
14 due and payable 30 days after the mailing of the original
15 annual disposal special assessments billing. On all annual
16 disposal special assessments imposed and collected, discounts
17 for early payment thereof shall be at the rate of 4 percent in
18 the month of November and at any time within 30 days after the
19 mailing of the original annual disposal special assessments
20 billings; 3 percent in the month of December; 2 percent in the
21 month of January; and 1 percent in the month of February. The
22 annual disposal special assessments paid in March shall be
23 without discount. The annual disposal special assessments
24 shall become delinquent if not fully paid by March 31 of the
25 fiscal year for which the annual disposal special assessments
26 are imposed. All delinquent annual disposal special
27 assessments shall bear an initial penalty of 3 percent of the
28 full amount of the annual disposal special assessments if not
29 paid by March 31 of the fiscal year for which the annual
30 disposal special assessments are imposed and an additional
31 penalty of 1 percent per month on the delinquent principal
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HB 945, First Engrossed/ntc
1 amount on the first day of June and on the first day of each
2 month thereafter until the annual disposal special assessments
3 are paid in full.
4 (5) Annual disposal special assessments shall
5 constitute a lien on improved real property.--All annual
6 disposal special assessments imposed against the owners of
7 improved real property shall constitute, and are hereby
8 imposed as, liens against such improved real property as of
9 October 1 of the fiscal year for which the annual disposal
10 special assessments are imposed. Until fully paid and
11 discharged or barred by law, the annual disposal special
12 assessments shall be prior to all other liens, except that
13 such liens shall be on parity with a lien of state, county,
14 and municipal taxes, and any lien for charges for services
15 created pursuant to section 159.17, Florida Statutes. If any
16 annual disposal special assessment liens become delinquent by
17 not being fully paid by March 31 of the fiscal year for which
18 the annual disposal special assessments are imposed and remain
19 delinquent, the Authority shall cause to be prepared a notice
20 of lien containing the amount of the delinquent annual
21 disposal special assessments, including the amount of the
22 first penalty, a legal description of the improved real
23 property against which the lien is imposed, and the name of
24 the owner of such real property as indicated on the real
25 property records maintained by the property appraiser of the
26 county. Said notice of lien shall be recorded in the public
27 records of the county on or about September 30 of the fiscal
28 year for which the annual disposal special assessments were
29 levied, or as soon thereafter as the Authority shall
30 determine. A copy of the notice of lien shall be served on the
31
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HB 945, First Engrossed/ntc
1 owner of record as provided in section 713.18, Florida
2 Statutes, within 10 days after the notice of lien is recorded.
3 (6) Notification and payment of annual disposal
4 special assessments; discharge of recorded liens.--The
5 Authority shall collect the payment of all current or
6 delinquent annual disposal special assessments from November 1
7 of the fiscal year for which the annual disposal special
8 assessments are imposed until paid or satisfied as herein
9 provided. The Authority shall mail notices of the annual
10 disposal special assessments to the owners of each parcel of
11 improved real property in the manner and containing the
12 information as follows:
13 (a) The first notice shall be mailed on or about
14 November 1 of each fiscal year to all owners, and such notice
15 shall contain the amount of the annual disposal special
16 assessments for the then-current fiscal year and a schedule of
17 the discounts available to the owners for early payments. Such
18 notice shall further advise the owners that failure to pay the
19 annual disposal special assessments in a timely manner may
20 result in a loss of title.
21 (b) The second notice shall be mailed on or about
22 March 31 of such fiscal year to those owners who have failed
23 to pay any or all of the then-due-and-owing annual disposal
24 special assessments, and such notice shall contain a schedule
25 of the initial penalty for nonpayment and shall further advise
26 the owner that a notice of lien will be filed by the Authority
27 against that parcel of improved real property on the public
28 records of the county provided for that purpose. However, if
29 such annual disposal special assessments, together with any
30 penalties thereon, are received prior to September 30 of the
31 fiscal year for which the annual disposal special assessments
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HB 945, First Engrossed/ntc
1 were levied, then such notice of lien will not be filed. Such
2 notice shall further advise the owners that failure to pay the
3 annual disposal special assessments in a timely manner may
4 result in a loss of title.
5 (c) The third notice shall be mailed on or before June
6 1 of such fiscal year to those owners who have failed to pay
7 any or all of the then-due-and-owing annual disposal special
8 assessments, and such notice shall contain a schedule of the
9 additional penalty incurred by the owners for each month from
10 June 1 and thereafter.
11
12 In addition to the collection of any penalties, the Authority
13 shall recover from the owner any cost that may be incurred in
14 connection with such delinquent payments. When any such lien
15 or liens have been fully paid or discharged, the Authority
16 shall properly cause evidence of the satisfaction and
17 discharge of such lien to be provided. Said lien or liens
18 shall not be assigned by the Authority to any person.
19 (7) Enforcement of delinquent annual disposal special
20 assessments.--All delinquent annual disposal special
21 assessment liens may be enforced at any time by the Authority
22 at least 30 days subsequent to the date of the service of the
23 notice of lien for the amount due under such recorded liens,
24 including all penalties, plus costs and a reasonable
25 attorney's fee, by proceeding in a court of equity to
26 foreclose such liens in the manner in which a mortgage lien is
27 foreclosed under the laws of Florida, or the collection and
28 enforcement of payment thereof may be accomplished by any
29 other method authorized by law. It shall be lawful to join in
30 any complaint or foreclosure, or any such legal proceeding,
31 any one or more lots or parcels of land that are the subject
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HB 945, First Engrossed/ntc
1 of a lien or liens. The Authority is authorized and directed
2 to execute and deliver, upon request, a written certification
3 certifying the amount, including all penalties, plus costs,
4 due for delinquent annual disposal special assessments or
5 under any recorded liens for any parcel of real property, or
6 certifying that no such annual disposal special assessments
7 are due, except current and nondelinquent annual disposal
8 special assessments.
9 (8) Calculation of annual disposal special
10 assessments.--
11 (a) Based upon the rate resolution, the Authority
12 shall cause to be prepared an annual disposal special
13 assessment roll. Such annual disposal special assessment roll
14 shall contain a summary description of each parcel of improved
15 real property within the county on or before September 1 prior
16 to the fiscal year for which the annual disposal special
17 assessments are to be imposed, the name and address of the
18 owner of each parcel of improved real property, the rate
19 applicable to each parcel of improved real property as
20 specified in the rate resolution, and the amount of the annual
21 disposal special assessments applicable to each parcel of
22 improved real property. The summary description of each parcel
23 of improved real property shall be in such detail as to permit
24 ready identification of each parcel on the real property
25 records. The information specified above to be included in the
26 annual disposal special assessment roll shall conform to that
27 maintained by the property appraiser on the real property
28 records.
29 (b) Upon completion of the preparation of the annual
30 disposal special assessment roll, the Authority shall at any
31 regular or special meeting review the annual disposal special
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HB 945, First Engrossed/ntc
1 assessment roll for preparation in conformity with the rate
2 resolution. The Authority shall make such changes or additions
3 as necessary to conform such annual disposal special
4 assessment roll to the rate resolution. If, upon the
5 completion of such review, the Authority shall be satisfied
6 that the annual disposal special assessment roll has been
7 prepared in conformity with the rate resolution, the Authority
8 shall ratify and confirm the annual disposal special
9 assessment roll and certify that the annual disposal special
10 assessment roll is correct and proper and is to be used in
11 collecting the annual disposal special assessments.
12 (c) On or before October 1 of the fiscal year for
13 which the annual disposal special assessment roll is
14 confirmed, the Authority shall cause to be prepared an
15 addendum to the annual disposal special assessment roll
16 containing the addition or deletion of any parcels of improved
17 real property not incorporated into or deleted from the annual
18 disposal special assessment roll but constituting improved
19 real property on September 1 prior to the fiscal year for
20 which the annual disposal special assessments are imposed.
21 Included in such addendum shall be any change in the
22 information specified for each parcel of improved real
23 property on the annual disposal special assessment roll. Such
24 addendum to the annual disposal special assessment roll shall
25 contain information required for the annual disposal special
26 assessment roll and shall be reviewed by the authority and
27 certified as the annual disposal special assessment roll of
28 the Authority.
29 Section 8. Collection of annual disposal special
30 assessments by tax collector; alternative method of levy and
31 collection.--The Authority may, to the extent permitted by
28
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HB 945, First Engrossed/ntc
1 law, utilize the office of the tax collector for the purpose
2 of collecting the annual disposal special assessments imposed
3 under this act. The Authority may, in connection with the
4 collection of the annual disposal special assessments, proceed
5 in the manner set forth in this section as an alternative to
6 that set forth in section 7 of this charter, or as provided by
7 chapter 197, Florida Statutes, as it may be amended from time
8 to time. In the event the Authority chooses to follow the
9 method of collection set forth in this section, it must first
10 enter into written agreements with the property appraiser and
11 the tax collector to perform the duties as outlined in this
12 section. Said agreements shall be entered into voluntarily and
13 at the sole options of the property appraiser and the tax
14 collector, and shall provide for reimbursement to them of all
15 costs associated with their duties hereunder.
16 (1) Purpose.--It is the purpose of this section to
17 provide for an additional and alternative, but in no event
18 exclusive, method and procedure for the collection of annual
19 disposal special assessments from the owners of all improved
20 real property in both the incorporated and unincorporated
21 areas of the county, in the same manner as the collection of
22 ad valorem taxes by the county and through the tax bill issued
23 by the tax collector.
24 (2) Determination of annual disposal special
25 assessments; public hearing.--On or before July 30 of each
26 year, or such other date as may be specified by chapter 197,
27 Florida Statutes, the Authority shall hold a public hearing
28 for the following purposes:
29 (a) To adopt a budget for the operation and
30 maintenance of the solid waste system for the ensuing fiscal
31 year, including moneys for the payment of the principal and
29
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HB 945, First Engrossed/ntc
1 interest on bonds and other outstanding or anticipated
2 indebtedness, including all reserves necessary therefrom, for
3 the payment of necessary reserves for capital expenditures and
4 the renovation, improvements, and replacements of existing
5 facilities of the solid waste system, for the enforcement and
6 administration of the billing and collection of the annual
7 disposal special assessments provided for hereunder, including
8 necessary reserves for anticipated delinquent or uncollectible
9 annual disposal special assessments, and for the payment of
10 the current operation and maintenance of the solid waste
11 system.
12 (b) To adopt a rate resolution incorporating a
13 schedule of annual disposal special assessments to be imposed
14 upon the owners of all improved real property in both the
15 incorporated and unincorporated areas of the county to
16 establish the classification of the use of such parcel or
17 parcels of improved real property in order to provide the
18 revenues to fund the budget referred to in paragraph (a). Such
19 rate resolution adopted at the public hearing shall further
20 authorize the collection of the annual disposal special
21 assessments in the same manner as the collection of ad valorem
22 taxes by the county and through the utilization of the office
23 of the tax collector of the county.
24
25 Notice of said public hearing shall be published in a
26 newspaper of general circulation in the county at least twice,
27 with the first publication being at least 20 days prior to the
28 public hearing. Additional notice shall also be provided to
29 each affected property owner by first class mail of both the
30 potential for loss of his or her title through the use of the
31 ad valorem collection method and the time and place of said
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HB 945, First Engrossed/ntc
1 public hearing. Said public hearing may be continued to a date
2 certain without the necessity of further newspaper
3 advertisement or public notice.
4 (3) Scope of annual disposal special assessments.--
5 (a) The annual disposal special assessments
6 incorporated in the rate resolution applicable to each parcel
7 of improved real property shall be the annual disposal special
8 assessments for each such parcel of improved real property for
9 the disposal of all solid waste generated on each such parcel
10 of improved real property during the ensuing fiscal year.
11 (b) The annual disposal special assessments shall be
12 imposed against the owners of all real property in both the
13 incorporated and unincorporated areas of the county if such
14 real property is improved real property on or before January 1
15 prior to the fiscal year in which the annual disposal special
16 assessments are imposed.
17 (c) The owner and description of each parcel of
18 improved real property shall be that designated on the real
19 property records maintained by the property appraiser.
20 (4) Enforcement and collection.--The annual disposal
21 special assessments shall be due and payable on November l of
22 each year or at such other times as prescribed by the amended
23 tax bill. Such annual disposal special assessments shall be
24 collected and enforced by the tax collector in the same manner
25 that ad valorem taxes are collected, including, but not
26 limited to, provisions of law relating to discount for early
27 payment, prepayment by installment method, and penalty for
28 delinquent payment.
29 (5) Annual disposal special assessments shall
30 constitute a lien on improved real property.--All annual
31 disposal special assessments imposed against the owners of
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HB 945, First Engrossed/ntc
1 improved real property shall constitute, and are hereby
2 imposed as, liens against such improved real property as of
3 October 1 of the fiscal year for which the annual disposal
4 special assessments are imposed. Until fully paid and
5 discharged or barred by law, the annual disposal special
6 assessments shall remain liens equal in rank and dignity with
7 the lien of the county ad valorem taxes and superior in rank
8 and dignity to all other liens, encumbrances, titles, and
9 claims in, to, or against the real property involved. If any
10 annual disposal special assessment liens become delinquent by
11 not being fully paid by March 31 of the fiscal year for which
12 the annual disposal special assessments are imposed and remain
13 delinquent, the Authority shall cause to be prepared a notice
14 of lien containing the amount of the delinquent annual
15 disposal special assessments, including the amount of the
16 first penalty, a legal description of the improved real
17 property against which the lien is imposed, and the name of
18 the owner of such real property as indicated on the real
19 property records maintained by the property appraiser of the
20 county. The Authority shall cause to be mailed on or before
21 June 1 of such fiscal year to those owners who have failed to
22 pay any or all of the then-due-and-owing annual disposal
23 special assessments a notice of intention to file lien, and
24 such notice shall contain a schedule of the additional penalty
25 incurred by the owners for each month from June 1 and
26 thereafter and a notice that a lien will be filed if not paid
27 on or before September 30. If the assessment is not paid, a
28 notice of lien shall be recorded in the public records of the
29 county on or about September 30 of the fiscal year for which
30 the annual disposal special assessments were levied, or as
31 soon thereafter as the Authority shall determine.
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HB 945, First Engrossed/ntc
1 (6) Payment of annual disposal special
2 assessments.--It shall be the duty of the tax collector,
3 pursuant to law, to collect payments of all annual disposal
4 special assessments referred to in this section. The tax
5 collector shall distribute the annual disposal special
6 assessments so collected to the Authority at the times and in
7 the manner provided by law. The tax collector shall mail to
8 all owners of improved real property such notices as are
9 required by law.
10 (7) Enforcement of delinquent annual disposal special
11 assessments.--All delinquent annual disposal special
12 assessment liens may be enforced by the Authority in the
13 manner provided by law.
14 (8) Certification to property appraiser and tax
15 collector.--
16 (a) Upon adoption by the Authority of the rate
17 resolution provided herein, the Authority shall forthwith
18 deliver a certified copy of the rate resolution to the
19 property appraiser and tax collector. Based upon said rate
20 resolution and pursuant to written contracts between the
21 Authority and the property appraiser and the Authority and the
22 tax collector, the property appraiser shall include the annual
23 disposal special assessments on the tax notice issued pursuant
24 to section 197.3635, Florida Statutes, or any successor laws,
25 and the tax collector shall collect the annual disposal
26 special assessments as provided by law.
27 (b) Nothing contained in this section shall be
28 construed or interpreted to preclude the Authority from
29 submitting, within its discretion, a separately prepared
30 notice of the annual disposal special assessments imposed on
31 certain improved real property to the owner of such property
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HB 945, First Engrossed/ntc
1 if, in the opinion of the Authority, such procedure shall
2 facilitate the billing and collection of such annual disposal
3 special assessments, which notice shall be in addition to the
4 notice submitted by the property appraiser.
5 (9) Additional proceedings.--The Authority shall
6 conform with and shall do and provide such additional
7 proceedings as may be necessary to enable the Authority to
8 collect the annual disposal special assessments in the same
9 manner as the collection of ad valorem taxes of the county and
10 through the utilization of the office of the tax collector to
11 the extent that the general law relating to the method of
12 collection shall require further and additional notices or
13 other proceedings of the Authority.
14 Section 9. Annual disposal special assessments to
15 governmental agencies; applicability of annual disposal
16 special assessments to tax-exempt improved real property.--
17 (1)(a) The Authority shall bill all governmental
18 agencies owning improved real property within both the
19 incorporated and unincorporated areas of the county and said
20 governmental agencies shall pay the annual disposal special
21 assessments imposed under the applicable classification
22 specified in the rate resolution.
23 (b) The discounts for early payment shall not be
24 applicable to the annual disposal special assessments imposed
25 against governmental agencies owning real property. Such
26 governmental agencies shall pay in the manner provided herein
27 the full annual disposal special assessments imposed.
28 (c) The annual disposal special assessments imposed
29 against governmental agencies shall become delinquent if not
30 fully paid within 60 days from the date the notice of such
31 annual disposal special assessments is mailed. All delinquent
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HB 945, First Engrossed/ntc
1 annual disposal special assessments shall bear an initial
2 penalty of 4 percent of the full amount of the annual disposal
3 special assessments if not paid by the expiration of the
4 60-day period and an additional penalty of 1 percent per month
5 on the delinquent amount, plus the initial penalty, on the
6 first day of each month thereafter until said annual disposal
7 special assessments are paid in full.
8 (d) The Authority shall have the authority to enforce
9 the collections of any delinquent annual disposal special
10 assessments by the institution of an appropriate action
11 against the governmental agency in a court of competent
12 jurisdiction for a judgment for the amount due under such
13 annual disposal special assessments, including all penalties,
14 plus costs and a reasonable attorney's fee.
15 (e) The provisions of paragraphs (5), (6), and (7) of
16 section 7 of this charter and paragraphs (5) and (6) of
17 section 8 of this charter shall not be applicable to the
18 annual disposal special assessments imposed against improved
19 real property owned by any governmental agency.
20 (2) Applicability of annual disposal special
21 assessments to tax-exempt improved real property.--The tax
22 exemption of property form taxation under chapter 196, Florida
23 Statutes, or any other law or constitutional provision shall
24 not relieve the owner of any improved real property in the
25 county from the provisions hereof or from the imposition by
26 the Authority of the annual disposal special assessments
27 applicable to such improved real property as specified in the
28 rate resolution.
29 Section 10. Limitations on franchises.--The Authority
30 shall adopt by resolution a procedure for granting exclusive
31 franchises, subject to the following limitations:
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HB 945, First Engrossed/ntc
1 (1) No franchise, contract, or permit shall be granted
2 or extended for a period of time exceeding 5 years.
3 (2) A public hearing shall be held prior to the
4 adoption of any rates, fees, or charges to the public.
5 (3) No exclusive franchise shall be granted except
6 pursuant to a procedure adopted by the Authority which shall
7 include the following minimum requirements:
8 (a) The entire process shall comply with chapter 286,
9 Florida Statutes.
10 (b) The procedure shall encourage competition among
11 potential franchisees.
12 (c) The franchise award shall occur at a regular
13 meeting of the Authority and shall be confirmed by a
14 subsequent resolution, which shall contain sufficient findings
15 to demonstrate that the award was in the best interest of the
16 public to be served thereby.
17 (d) Any party aggrieved by the franchise award may
18 appeal the award in writing, within 30 days after the award,
19 to the Authority, which shall decide said appeal by written
20 order within 60 days after its receipt by the Authority. An
21 unsuccessful appellant may thereafter appeal the Authority's
22 decision by writ of certiorari to the circuit court.
23 Section 11. Exemption from taxation.--The property,
24 moneys, and other assets of any countywide authority created
25 hereunder and all of its revenues or other income shall be
26 exempt from all taxation, licenses, fees, or other charges of
27 any kind imposed by the state or by the county or by any
28 municipality, political subdivision, taxing district, or other
29 public agency or body of the state.
30 Section 12. Prohibition; permits; penalty.--
31
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HB 945, First Engrossed/ntc
1 (1) It is unlawful to violate this act or the rules
2 duly adopted pursuant to it. After the effective date of this
3 act, no person shall:
4 (a) Place or deposit any solid waste in or on the
5 lands or waters located within the county except in a manner
6 consistent with the countywide solid waste program.
7 (b) Burn solid waste except in a manner consistent
8 with the countywide solid waste program.
9 (c) Accomplish or authorize any act inconsistent with
10 the provisions of this act and those of chapter 403, Florida
11 Statutes.
12 (2) No person shall operate, maintain, construct,
13 expand, or modify any resource recovery or waste management
14 facility without first having applied for and received a valid
15 operating permit from the Authority.
16 (3) Any person found in violation of any provision of
17 this act or any rules adopted pursuant to it commits a
18 misdemeanor of the second degree and shall be punished as
19 provided by law. If such violation be continuing, each 24-hour
20 day or fraction thereof during which such violation occurs
21 shall constitute a separate offense.
22 Section 13. Enforcement.--The director of the Palm
23 Beach County Health Department shall determine compliance with
24 the provisions of this act which relate to sanitary
25 collection, storage, processing, and disposal of solid waste,
26 in accordance with the provisions of Palm Beach County
27 Environmental Control Ordinance No. 78-5 and any amendments
28 thereto. Any and all violations shall be reported in writing
29 and a copy of the official inspection report shall be
30 presented to the violator and a copy of said inspection report
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1 shall also be delivered to the executive director of the
2 Authority.
3 (1) If any resource recovery or management facility
4 fails to comply with the provisions of the rules adopted by
5 the department or the Authority pursuant to chapter 403,
6 Florida Statutes, or under this act, the director of the Palm
7 Beach County Health Department shall give the violator a
8 reasonable time, by formal notice, within which to correct
9 such violation. Should the violation continue beyond the time
10 specified for correction, the director of the Palm Beach
11 County Health Department shall notify the environmental
12 control officer, in writing, of such failure to correct the
13 violation.
14 (2) Upon notice of the director of the Palm Beach
15 County Health Department that a resource recovery or waste
16 management facility has failed to correct violations, the
17 environmental control officer shall notify the Palm Beach
18 County Environmental Control Hearing Board of such
19 noncompliance, whereupon the hearing board shall, within 45
20 days after such notice, order the violator to appear before it
21 to show cause why remedial action should not be taken. Any
22 meetings before the hearing board shall be conducted in
23 accordance with the provisions of Palm Beach County
24 Environmental Control Ordinance No. 78-5 and any amendments
25 thereto.
26 (3) If, after due public hearing, the hearing board
27 upholds the violation, the hearing board shall make a decision
28 setting forth findings of fact and such conclusions of law as
29 are required in view of the issues presented. The decision
30 shall contain an order framed in the manner of a writ of
31 injunction requiring the violator to refrain from committing,
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1 creating, maintaining, or permitting the violation and take
2 such affirmative action as the hearing board deems reasonable
3 and necessary under the circumstances to correct such
4 violation.
5 Section 14. Injunctive relief.--If preventive or
6 corrective measures are not taken in accordance with any order
7 of the hearing board, or if the environmental control officer
8 finds that a violation of the provisions of this act exists so
9 as to create an emergency requiring immediate action to
10 protect human health or welfare, the environmental control
11 officer may institute proceedings in the Circuit Court for
12 Palm Beach County to enforce this act or rules or orders
13 pursuant thereto. Such injunctive relief may include both
14 temporary and permanent injunctions. Any proceedings initiated
15 under this section shall be brought for and in the name of the
16 Authority.
17 Section 15. Judicial review.--Any person aggrieved by
18 any action or decision of the hearing board may seek
19 appropriate judicial review.
20 Section 4. If any provision of this act or the
21 application thereof to any person or circumstance is held
22 invalid, the invalidity shall not affect other provisions or
23 applications of the act which can be given effect without the
24 invalid provision or application, and to this end the
25 provisions of this act are declared severable.
26 Section 5. This act shall be construed as a remedial
27 act and shall be liberally construed to promote the purpose
28 for which it is intended.
29 Section 6. Chapters 75-473, 77-626, 79-536, 79-539,
30 79-542, 84-501, 84-502, 86-433, 88-544, 91-334, 93-345, and
31 94-462, Laws of Florida, are repealed.
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1 Section 7. This act shall take effect upon becoming a
2 law.
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