CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 266

    Amendment No. ___   Barcode 913688

                            CHAMBER ACTION
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11  Senator Dyer moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 25 and 26,

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16  insert:

17         Section 3.  Paragraph (a) of subsection (3) of section

18  403.70605, Florida Statutes, is amended to read:

19         403.70605  Solid waste collection services in

20  competition with private companies.--

21         (3)  DISPLACEMENT OF PRIVATE WASTE COMPANIES.--

22         (a)  As used in this subsection, the term

23  "displacement" means a local government's provision of a

24  collection service which prohibits a private company from

25  continuing to provide the same service that it was providing

26  when the decision to displace was made.  The term does not

27  include:

28         1.  Competition between the public sector and private

29  companies for individual contracts;

30         2.  Actions by which a local government, at the end of

31  a contract with a private company, refuses to renew the

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                                                  SENATE AMENDMENT

    Bill No. SB 266

    Amendment No. ___   Barcode 913688





  1  contract and either awards the contract to another private

  2  company or decides for any reason to provide the collection

  3  service itself;

  4         3.  Actions taken against a private company because the

  5  company has acted in a manner threatening to the public health

  6  or safety or resulting in a substantial public nuisance;

  7         4.  Actions taken against a private company because the

  8  company has materially breached its contract with the local

  9  government;

10         5.  Refusal by a private company to continue operations

11  under the terms and conditions of its existing agreement

12  during the 3-year notice period;

13         6.  Entering into a contract with a private company to

14  provide garbage, trash, or refuse collection which contract is

15  not entered into under an ordinance that displaces or

16  authorizes the displacement of another private company

17  providing garbage, trash, or refuse collection;

18         7.  Situations in which a majority of the property

19  owners in the displacement area petition the governing body to

20  take over the collection service;

21         8.  Situations in which the private companies are

22  licensed or permitted to do business within the local

23  government for a limited time and such license or permit

24  expires and is not renewed by the local government. This

25  subparagraph does not apply to licensing or permitting

26  processes enacted after May 1, 1999, or to occupational

27  licenses; or

28         9.  Annexations, but only to the extent that the

29  provisions of s. 171.062(4) apply.

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31  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. SB 266

    Amendment No. ___   Barcode 913688





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, line 10, after the semicolon,

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  5  insert:

  6         amending s. 403.70605, F.S.; clarifying the

  7         definition of the term "displacement";

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