Senate Bill sb1400

    Florida Senate - 2004                                  SB 1400

    By Senator Bennett





    21-936-04

  1                      A bill to be entitled

  2         An act relating to local government solid waste

  3         fees; amending s. 403.706, F.S.; waiving such

  4         fees for certain nonprofit organizations;

  5         providing an effective date.

  6  

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

  8  

  9         Section 1.  Subsections (10) and (17) of section

10  403.706, Florida Statutes, are amended to read:

11         403.706  Local government solid waste

12  responsibilities.--

13         (10)  In developing and implementing recycling

14  programs, counties and municipalities shall give consideration

15  to the collection, marketing, and disposition of recyclable

16  materials by persons engaged in the business of recycling,

17  whether or not the persons are operating for profit.  Counties

18  and municipalities are encouraged to use for-profit and

19  nonprofit organizations in fulfilling their responsibilities

20  under this act. Counties and municipalities shall grant solid

21  waste fee waivers to nonprofit organizations that collect

22  donated goods for charitable purposes and that have a

23  recycling or reuse rate of 50 percent or greater.

24         (17)  To effect the purposes of this part, counties and

25  municipalities are authorized, in addition to other powers

26  granted pursuant to this part:

27         (a)  To contract with persons to provide resource

28  recovery services or operate resource recovery facilities on

29  behalf of the county or municipality.

30         (b)  To indemnify persons providing resource recovery

31  services or operating resource recovery facilities for

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    Florida Senate - 2004                                  SB 1400
    21-936-04




 1  liabilities or claims arising out of the provision or

 2  operation of such services or facilities that are not the

 3  result of the sole negligence of the persons providing such

 4  services or operating such facilities.

 5         (c)  To waive sovereign immunity and immunity from suit

 6  in federal court by vote of the governing body of the county

 7  or municipality to the extent necessary to carry out the

 8  authority granted in paragraphs (a) and (b), notwithstanding

 9  the limitations prescribed in s. 768.28.

10         (d)  To grant a solid waste fee waiver to nonprofit

11  organizations that are engaged in the collection of donated

12  goods for charitable purposes and that have a recycling or

13  reuse rate of 50 percent or better.

14         Section 2.  This act shall take effect July 1, 2004.

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17                          SENATE SUMMARY

18    Requires local governments to waive solid waste fees for
      certain nonprofit organizations that collect donated
19    goods for recycling purposes and have a recycling rate of
      50 percent or more.
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CODING: Words stricken are deletions; words underlined are additions.