Senate Bill sb0266e1

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    SB 266                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to solid waste collection;

  3         amending s. 165.061, F.S.; clarifying

  4         provisions related to the treatment of existing

  5         solid waste contracts in areas affected by the

  6         merger or incorporation of municipalities;

  7         amending s. 316.1975, F.S.; exempting

  8         solid-waste or recovered-materials collection

  9         vehicles from a prohibition against leaving the

10         engine running when the vehicle is unattended;

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

12         definition of the term "displacement";

13         providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (1) and paragraph (d) of

18  subsection (2) of section 165.061, Florida Statutes, are

19  amended to read:

20         165.061  Standards for incorporation, merger, and

21  dissolution.--

22         (1)  The incorporation of a new municipality, other

23  than through merger of existing municipalities, must meet the

24  following conditions in the area proposed for incorporation:

25         (a)  It must be compact and contiguous and amenable to

26  separate municipal government.

27         (b)  It must have a total population, as determined in

28  the latest official state census, special census, or estimate

29  of population, in the area proposed to be incorporated of at

30  least 1,500 persons in counties with a population of 75,000 or

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    SB 266                                         First Engrossed



  1  less, and of at least 5,000 population in counties with a

  2  population of more than 75,000.

  3         (c)  It must have an average population density of at

  4  least 1.5 persons per acre or have extraordinary conditions

  5  requiring the establishment of a municipal corporation with

  6  less existing density.

  7         (d)  It must have a minimum distance of any part of the

  8  area proposed for incorporation from the boundaries of an

  9  existing municipality within the county of at least 2 miles or

10  have an extraordinary natural boundary which requires separate

11  municipal government.

12         (e)  It must have a proposed municipal charter which:

13         1.  Prescribes the form of government and clearly

14  defines the responsibility for legislative and executive

15  functions.

16         2.  Does not prohibit the legislative body of the

17  municipality from exercising its powers to levy any tax

18  authorized by the Constitution or general law.

19         (f)  In accordance with s. 10, Art. I of the State

20  Constitution, the plan for incorporation must honor existing

21  solid-waste contracts in the affected geographic area subject

22  to incorporation. However, the plan for incorporation may

23  provide for existing contracts for solid-waste-collection

24  services to be honored only for 5 years or the remainder of

25  the contract term, whichever is less, and may require that a

26  copy of the pertinent portion of the contract or other written

27  evidence of the duration of the contract, excluding any

28  automatic renewals or evergreen provisions, be provided to the

29  municipality within a reasonable time after a written request

30  to do so.

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    SB 266                                         First Engrossed



  1         (2)  The incorporation of a new municipality through

  2  merger of existing municipalities and associated

  3  unincorporated areas must meet the following conditions:

  4         (d)  In accordance with s. 10, Art. I of the State

  5  Constitution, the plan for merger or incorporation must honor

  6  existing solid-waste solid waste contracts in the affected

  7  geographic area subject to merger. or incorporation; However,

  8  the plan for merger or incorporation may provide for that

  9  existing contracts for solid-waste-collection solid waste

10  collection services to shall be honored only for 5 years or

11  the remainder of the contract term, whichever is shorter, and

12  may require that a copy of the pertinent portion of the

13  contract or other written evidence of the duration of the

14  contract, excluding any automatic renewals or so-called

15  "evergreen" provisions, be provided to the municipality within

16  a reasonable time following a written request to do so.

17         Section 2.  Subsection (2) of section 316.1975, Florida

18  Statutes, is amended to read:

19         316.1975  Unattended motor vehicle.--

20         (2)  This section does not apply to the operator of:

21         (a)  An authorized emergency vehicle while in the

22  performance of official duties and the vehicle is equipped

23  with an activated antitheft device that prohibits the vehicle

24  from being driven; or

25         (b)  A licensed delivery truck or other delivery

26  vehicle while making deliveries; or.

27         (c)  A solid-waste or recovered-materials collection

28  vehicle while collecting such items.

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

30  403.70605, Florida Statutes, is amended to read:

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    SB 266                                         First Engrossed



  1         403.70605  Solid waste collection services in

  2  competition with private companies.--

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

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

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

  6  collection service which prohibits a private company from

  7  continuing to provide the same service that it was providing

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

  9  include:

10         1.  Competition between the public sector and private

11  companies for individual contracts;

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

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

14  contract and either awards the contract to another private

15  company or decides for any reason to provide the collection

16  service itself;

17         3.  Actions taken against a private company because the

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

19  or safety or resulting in a substantial public nuisance;

20         4.  Actions taken against a private company because the

21  company has materially breached its contract with the local

22  government;

23         5.  Refusal by a private company to continue operations

24  under the terms and conditions of its existing agreement

25  during the 3-year notice period;

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

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

28  not entered into under an ordinance that displaces or

29  authorizes the displacement of another private company

30  providing garbage, trash, or refuse collection;

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    SB 266                                         First Engrossed



  1         7.  Situations in which a majority of the property

  2  owners in the displacement area petition the governing body to

  3  take over the collection service;

  4         8.  Situations in which the private companies are

  5  licensed or permitted to do business within the local

  6  government for a limited time and such license or permit

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

  8  subparagraph does not apply to licensing or permitting

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

10  licenses; or

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

12  provisions of s. 171.062(4) apply.

13         Section 4.  This act shall take effect July 1, 2002.

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