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.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
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.—
24 (3) DISPLACEMENT OF PRIVATE WASTE 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.