Florida Senate - 2019                                    SB 1572
       By Senator Albritton
       26-01504-19                                           20191572__
    1                        A bill to be entitled                      
    2         An act relating to the displacement of private waste
    3         companies; amending s. 403.70605, F.S.; revising the
    4         process for a local government to displace a private
    5         waste company in a county or municipality; requiring a
    6         local government to announce its intent to adopt an
    7         ordinance or a resolution for organized collection
    8         service through a resolution of intent; providing
    9         requirements for the resolution of intent; providing
   10         requirements for a local government’s plan for
   11         organized collection service; prohibiting a local
   12         government from commencing organized collection
   13         service within a specified timeframe; requiring a
   14         local government to restart the process under certain
   15         circumstances; defining the term “organized collection
   16         service”; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (3) of section 403.70605, Florida
   21  Statutes, is amended to read:
   22         403.70605 Solid waste collection services in competition
   23  with private companies.—
   25         (a) A local government may displace a private company that
   26  provides garbage, trash, or refuse collection service only by
   27  adopting an ordinance or a resolution. Before adopting such an
   28  ordinance or a resolution, the local government shall do all of
   29  the following:
   30         1. At least 180 days before adopting an ordinance or a
   31  resolution under this subsection, announce its intent to
   32  consider the adoption of an organized collection service by a
   33  resolution of intent. The resolution of intent must:
   34         a. Include specific goals to be achieved, a detailed
   35  justification for any franchise fees, and all other reasons the
   36  local government has for considering such a service;
   37         b. Be published once in the official newspaper of the
   38  county or municipality;
   39         c. Give notice of a public hearing to be held at least 30
   40  days before consideration of the adoption of the resolution of
   41  intent; and
   42         d. Invite interested persons to participate in the planning
   43  and establishing of the organized collection service, including
   44  all licensees and other persons operating solid waste or
   45  recyclables collection services in the county or municipality as
   46  of the date of announcement of its intent to organize collection
   47  in the county or municipality.
   48         2. Within 90 days after adopting the resolution of intent
   49  required under subparagraph 1., develop a plan for organized
   50  collection service. The local government shall invite and employ
   51  the assistance of all licensees and other persons operating
   52  solid waste or recyclables collection services in the county or
   53  municipality. All licensees and other persons operating solid
   54  waste or recyclables collection in the county or municipality
   55  must be allowed to participate in the planning meetings.
   56         3. Provide 30 days’ notice before a hearing on the proposed
   57  plan to all licensees or other persons operating solid waste or
   58  recyclables collection services in the county or municipality.
   59         (b) A local government’s plan for organized collection
   60  service must:
   61         1. Describe in detail the procedures used for development
   62  of the plan;
   63         2. Include evidence of compliance with all notice
   64  provisions required under paragraph (a);
   65         3. Evaluate the proposed plan in regard to achieving the
   66  stated goals, to minimizing displacement and economic impact to
   67  current solid waste collectors, to ensuring participation in the
   68  decision-making process of all interested parties, and to
   69  maximizing efficiency in solid waste collection; and
   70         4. Provide detailed justification for any proposed tax,
   71  franchise fee, or similar fee.
   72         (c) A local government may not commence organized
   73  collection service pursuant to this subsection for at least 5
   74  years after the adoption of an ordinance or resolution
   75  establishing such service. During this period, the local
   76  government may not displace any person licensed to operate solid
   77  waste collection services in the county or municipality.
   78         (d) If for any reason a local government does not implement
   79  an organized collection service by adoption of an ordinance or
   80  resolution within 1 year after the passage of a resolution of
   81  intent, the process must be started over as provided in this
   82  section.
   83         (e) As used in this subsection, the term “organized
   84  collection service” means a system for collecting solid waste,
   85  recyclables, or both. The term includes franchise, organized
   86  collection, or a process in which a municipality goes from
   87  multiple haulers to one single contracted hauler whereby a
   88  specified collector, or a member of a collectors’ organization,
   89  is authorized to collect from a defined geographic service area
   90  some or all of the solid waste or recyclables that are released
   91  by generators
   92         (a) As used in this subsection, the term “displacement”
   93  means a local government’s provision of a collection service
   94  which prohibits a private company from continuing to provide the
   95  same service that it was providing when the decision to displace
   96  was made. The term does not include:
   97         1. Competition between the public sector and private
   98  companies for individual contracts;
   99         2. Actions by which a local government, at the end of a
  100  contract with a private company, refuses to renew the contract
  101  and either awards the contract to another private company or
  102  decides for any reason to provide the collection service itself;
  103         3. Actions taken against a private company because the
  104  company has acted in a manner threatening to the public health
  105  or safety or resulting in a substantial public nuisance;
  106         4. Actions taken against a private company because the
  107  company has materially breached its contract with the local
  108  government;
  109         5. Refusal by a private company to continue operations
  110  under the terms and conditions of its existing agreement during
  111  the 3-year notice period;
  112         6. Entering into a contract with a private company to
  113  provide garbage, trash, or refuse collection which contract is
  114  not entered into under an ordinance that displaces or authorizes
  115  the displacement of another private company providing garbage,
  116  trash, or refuse collection;
  117         7. Situations in which a majority of the property owners in
  118  the displacement area petition the governing body to take over
  119  the collection service;
  120         8. Situations in which the private companies are licensed
  121  or permitted to do business within the local government for a
  122  limited time and such license or permit expires and is not
  123  renewed by the local government. This subparagraph does not
  124  apply to licensing or permitting processes enacted after May 1,
  125  1999, or to occupational licenses; or
  126         9. Annexations, but only to the extent that the provisions
  127  of s. 171.062(4) apply.
  128         (b) A local government or combination of local governments
  129  may not displace a private company that provides garbage, trash,
  130  or refuse collection service without first:
  131         1. Holding at least one public hearing seeking comment on
  132  the advisability of the local government or combination of local
  133  governments providing the service.
  134         2. Providing at least 45 days’ written notice of the
  135  hearing, delivered by first-class mail to all private companies
  136  that provide the service within the jurisdiction.
  137         3. Providing public notice of the hearing.
  138         (c) Following the final public hearing held under paragraph
  139  (b), but not later than 1 year after the hearing, the local
  140  government may proceed to take those measures necessary to
  141  provide the service. A local government shall provide 3 years’
  142  notice to a private company before it engages in the actual
  143  provision of the service that displaces the company. As an
  144  alternative to delaying displacement 3 years, a local government
  145  may pay a displaced company an amount equal to the company’s
  146  preceding 15 months’ gross receipts for the displaced service in
  147  the displacement area. The 3-year notice period shall lapse as
  148  to any private company being displaced when the company ceases
  149  to provide service within the displacement area. Nothing in this
  150  paragraph prohibits the local government and the company from
  151  voluntarily negotiating a different notice period or amount of
  152  compensation.
  153         Section 2. This act shall take effect July 1, 2019.