House Bill hb0945er

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  1

  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  7  repealed as herein provided.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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  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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    2001 Legislature                       HB 945, First Engrossed



  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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  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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  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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  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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  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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  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


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  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


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  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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  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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  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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    2001 Legislature                       HB 945, First Engrossed



  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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  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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  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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  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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  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

31


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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

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