Senate Bill sb1400c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1400
By the Committee on Comprehensive Planning; and Senators
Bennett and Dawson
316-2089-04
1 A bill to be entitled
2 An act relating to local government solid waste
3 fees; amending s. 403.706, F.S.; requiring
4 counties and municipalities to waive such fees
5 for certain nonprofit organizations; providing
6 certain limitations and restrictions; providing
7 an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Subsections (10) and (17) of section
12 403.706, Florida Statutes, are amended to read:
13 403.706 Local government solid waste
14 responsibilities.--
15 (10) In developing and implementing recycling
16 programs, counties and municipalities shall give consideration
17 to the collection, marketing, and disposition of recyclable
18 materials by persons engaged in the business of recycling,
19 whether or not the persons are operating for profit. Counties
20 and municipalities are encouraged to use for-profit and
21 nonprofit organizations in fulfilling their responsibilities
22 under this act. A county or municipality shall grant a waiver
23 of solid waste fees to any not-for-profit organization
24 qualified under s. 501(c)(3) of the Internal Revenue Code of
25 1986, as amended, which collects donated goods for charitable
26 purposes and has a recycling or reuse rate of 50 percent or
27 greater. However, this waiver may not be granted for
28 construction and demolition debris or manufacturing
29 byproducts. Tipping fees or similar user fees may not be
30 increased as a result of these waivers. This subsection does
31 not apply to a county or municipality that has included a
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1400
316-2089-04
1 covenant prohibiting free service in an ordinance or
2 resolution securing its outstanding solid waste revenue bonds
3 that are payable in whole or in part from solid waste fees.
4 (17) To effect the purposes of this part, counties and
5 municipalities are authorized, in addition to other powers
6 granted pursuant to this part:
7 (a) To contract with persons to provide resource
8 recovery services or operate resource recovery facilities on
9 behalf of the county or municipality.
10 (b) To indemnify persons providing resource recovery
11 services or operating resource recovery facilities for
12 liabilities or claims arising out of the provision or
13 operation of such services or facilities that are not the
14 result of the sole negligence of the persons providing such
15 services or operating such facilities.
16 (c) To waive sovereign immunity and immunity from suit
17 in federal court by vote of the governing body of the county
18 or municipality to the extent necessary to carry out the
19 authority granted in paragraphs (a) and (b), notwithstanding
20 the limitations prescribed in s. 768.28.
21 (d) To grant a solid waste fee waiver to nonprofit
22 organizations that are engaged in the collection of donated
23 goods for charitable purposes and that have a recycling or
24 reuse rate of 50 percent or better.
25 Section 2. This act shall take effect July 1, 2004.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for SB 1400
316-2089-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1400
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4 This CS differs from the bill as filed in that it requires the
non-profit be qualified pursuant to 501(c)(3) of the Internal
5 Revenue Code; excludes construction debris and manufacturing
by-products from the waiver; stipulates that tipping fees or
6 similar user fees may not be increased as a result of these
waivers; and excludes counties whose bond covenants preclude
7 free service.
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