| 1 | A bill to be entitled |
| 2 | An act relating to local government solid waste fees; |
| 3 | amending s. 403.706, F.S.; waiving such fees for certain |
| 4 | nonprofit organizations; providing an effective date. |
| 5 |
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| 6 | Be It Enacted by the Legislature of the State of Florida: |
| 7 |
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| 8 | Section 1. Subsections (10) and (17) of section 403.706, |
| 9 | Florida Statutes, are amended to read: |
| 10 | 403.706 Local government solid waste responsibilities.-- |
| 11 | (10) In developing and implementing recycling programs, |
| 12 | counties and municipalities shall give consideration to the |
| 13 | collection, marketing, and disposition of recyclable materials |
| 14 | by persons engaged in the business of recycling, whether or not |
| 15 | the persons are operating for profit. Counties and |
| 16 | municipalities are encouraged to use for-profit and nonprofit |
| 17 | organizations in fulfilling their responsibilities under this |
| 18 | act. Counties and municipalities shall grant solid waste fee |
| 19 | waivers to nonprofit organizations that collect donated goods |
| 20 | for charitable purposes and that have a recycling or reuse rate |
| 21 | of 50 percent or greater. |
| 22 | (17) To effect the purposes of this part, counties and |
| 23 | municipalities are authorized, in addition to other powers |
| 24 | granted pursuant to this part: |
| 25 | (a) To contract with persons to provide resource recovery |
| 26 | services or operate resource recovery facilities on behalf of |
| 27 | the county or municipality. |
| 28 | (b) To indemnify persons providing resource recovery |
| 29 | services or operating resource recovery facilities for |
| 30 | liabilities or claims arising out of the provision or operation |
| 31 | of such services or facilities that are not the result of the |
| 32 | sole negligence of the persons providing such services or |
| 33 | operating such facilities. |
| 34 | (c) To waive sovereign immunity and immunity from suit in |
| 35 | federal court by vote of the governing body of the county or |
| 36 | municipality to the extent necessary to carry out the authority |
| 37 | granted in paragraphs (a) and (b), notwithstanding the |
| 38 | limitations prescribed in s. 768.28. |
| 39 | (d) To grant a solid waste fee waiver to nonprofit |
| 40 | organizations that are engaged in the collection of donated |
| 41 | goods for charitable purposes and that have a recycling or reuse |
| 42 | rate of 50 percent or better. |
| 43 | Section 2. This act shall take effect July 1, 2004. |