Florida Senate - 2020 CS for CS for CS for SB 996
By the Committees on Community Affairs; Environment and Natural
Resources; and Community Affairs; and Senator Albritton
578-03801-20 2020996c3
1 A bill to be entitled
2 An act relating to local government waste programs;
3 amending s. 403.706, F.S.; exempting fiscally
4 constrained counties from certain local government
5 recycling goals and requirements; providing an
6 expiration date for the exemption; providing
7 legislative findings; creating a recycled materials
8 management pilot program for Polk County, in
9 coordination with the University of Florida, for a
10 specified purpose; authorizing the county to
11 collaborate with other local governmental and private
12 entities to carry out and finance the pilot program;
13 exempting Polk County from specified recycling
14 provisions while participating in the pilot program;
15 requiring Polk County to communicate and collaborate
16 with the Department of Environmental Protection for
17 certain purposes; requiring Polk County to submit a
18 report containing specified information to the
19 Governor and the Legislature by a specified date;
20 providing for expiration of the pilot program;
21 amending s. 403.70605, F.S.; revising the definition
22 of the term “displacement”; requiring a local
23 government to pay a specified amount of compensation
24 to a displaced private waste company at the end of a
25 specified notice period; removing a provision
26 authorizing a local government to pay a specified
27 amount of compensation to a private waste company as
28 an alternative to delaying displacement for a
29 specified period; removing a provision authorizing a
30 local government and a private waste company to
31 negotiate such compensation and notice period;
32 providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Subsections (23) and (24) are added to section
37 403.706, Florida Statutes, to read:
38 403.706 Local government solid waste responsibilities.—
39 (23) A fiscally constrained county, as defined in s.
40 218.67(1), is exempt from the recycling goals set forth in this
41 section and any requirements relating thereto. This subsection
42 expires July 1, 2035.
43 (24)(a) The Legislature finds that local governments,
44 regional solid waste management authorities, and government
45 owned and privately owned waste management entities face
46 significant challenges in meeting this state’s waste recycling
47 goals, as provided in subsection (2), due to a variety of
48 factors, including the diversity and magnitude of the waste
49 stream and the ever-changing global demand and market conditions
50 for recyclable materials. These factors make it necessary to
51 investigate other options for the management of recyclable
52 material resources to ensure the protection of the environment
53 and to limit the cost to the residents of this state for solid
54 waste collection and disposal.
55 (b) A recycled materials management pilot project is
56 created for Polk County, in coordination with the University of
57 Florida, to identify sustainable, environmentally responsible,
58 and cost-effective collection, storage, and retention methods
59 for recyclable materials which have limited economic or
60 industrial utility, but retain their potential to be
61 reintroduced into the market through an economically viable
62 recycling process.
63 (c) Polk County may join with one or more counties,
64 municipalities, special districts, publicly owned or privately
65 owned waste utilities, multijurisdictional water management
66 entities, or other entities in carrying out the pilot program
67 and may contract with other entities to finance or otherwise
68 implement the operation and maintenance of the pilot program.
69 The contracts may provide for contributions to be made by each
70 party to the contract for the division and apportionment of
71 resulting costs, including operations and maintenance, benefits,
72 services, and products. The contracts may contain other
73 covenants and agreements necessary and appropriate to accomplish
74 their purposes. The Legislature will not provide any funding
75 assistance for the pilot program. However, this section may not
76 be construed so as to limit or prevent the University of Florida
77 or any other state entity wishing to participate in the pilot
78 program from providing in-kind services in furtherance of the
79 goals of the pilot program.
80 (d) During the term of the pilot program, Polk County is
81 exempt from the recycling goals set forth in this section and
82 any requirements relating thereto.
83 (e) Polk County shall periodically communicate and
84 collaborate with the department regarding specific objectives of
85 the pilot program, progress made in achieving such objectives,
86 and any conclusions that may be drawn from the program.
87 (f) Polk County shall submit a report to the Governor, the
88 President of the Senate, and the Speaker of the House of
89 Representatives by July 1, 2025, regarding the conclusions of
90 the pilot program. The report must include all of the following
91 information:
92 1. A description of the pilot program, including a summary
93 of its goals and an overview of the methodology used to identify
94 the specific recyclable materials that were determined to
95 provide the greatest environmental benefit and opportunity for
96 retention and later reintroduction to the recyclable materials
97 market.
98 2. An overview of the methodology implemented to segregate
99 the recyclable materials of greatest environmental benefit while
100 minimizing the handling and processing of recyclable materials
101 of low environmental benefit.
102 3. Any progress made in developing and implementing the
103 pilot program in comparison to the development and
104 implementation of other processes currently being used for the
105 collection, disposal, or reuse of the same recyclable materials.
106 4. The capital and operating costs Polk County estimates it
107 would expend to fully implement any economically feasible
108 recycling and solid waste management practices revealed by the
109 pilot program in comparison to the same estimated costs it would
110 expend to fully implement other alternative recycling and solid
111 waste management practices that counties, municipalities, or
112 special districts have implemented in this state.
113 5. The source of funds used in developing and implementing
114 the pilot program.
115 6. The benefits to Polk County and this state from
116 implementation of any economically viable recycling and solid
117 waste management practices revealed by the pilot program.
118 7. A recommendation as to whether any economically viable
119 recycling and solid waste management practices revealed by the
120 pilot program should be available as an acceptable alternative
121 to the traditional processes that counties, municipalities, or
122 special districts have used to manage recyclable materials and,
123 if so, identification of the statutory changes necessary to do
124 so.
125 (g) The pilot program and this subsection shall expire July
126 1, 2025.
127 Section 2. Paragraphs (a) and (c) of subsection (3) of
128 section 403.70605, Florida Statutes, are amended to read:
129 403.70605 Solid waste collection services in competition
130 with private companies.—
131 (3) DISPLACEMENT OF PRIVATE WASTE COMPANIES.—
132 (a) As used in this subsection, the term “displacement”
133 means a local government’s provision of a collection service
134 which prohibits a private company from continuing to provide the
135 same service that it was providing when the decision to displace
136 was made. The term does not include:
137 1. Competition between the public sector and private
138 companies for individual contracts;
139 2. Actions by which a local government, at the end of a
140 contract with a private company or at the end of any franchise a
141 local government has granted to a private company, refuses to
142 renew the contract or franchise and either awards the contract
143 or grants a franchise to another private company or companies or
144 decides for any reason to provide the collection service itself;
145 3. Actions taken against a private company because the
146 company has acted in a manner threatening to the public health
147 or safety or resulting in a substantial public nuisance;
148 4. Actions taken against a private company because the
149 company has materially breached its contract with the local
150 government;
151 5. Refusal by a private company to continue operations
152 under the terms and conditions of its existing agreement during
153 the 3-year notice period;
154 6. Entering into a contract with a private company to
155 provide garbage, trash, or refuse collection which contract is
156 not entered into under an ordinance that displaces or authorizes
157 the displacement of another private company providing garbage,
158 trash, or refuse collection;
159 7. Situations in which a majority of the property owners in
160 the displacement area petition the governing body to take over
161 the collection service;
162 8. Situations in which the private companies are
163 franchised, licensed, or permitted to do business within the
164 local government for a limited time and such franchise, license,
165 or permit expires and is not renewed by the local government.
166 This subparagraph does not apply to licensing or permitting
167 processes enacted after May 1, 1999, or to occupational
168 licenses; or
169 9. Annexations, but only to the extent that the provisions
170 of s. 171.062(4) apply.
171 (c) Following the final public hearing held under paragraph
172 (b), but not later than 1 year after the hearing, the local
173 government may proceed to take those measures necessary to
174 provide the service. The A local government shall provide 3
175 years’ notice to the a private company before it engages in the
176 actual provision of the service that displaces the company. At
177 the end of the 3-year notice period As an alternative to
178 delaying displacement 3 years, the a local government shall may
179 pay the a displaced company an amount equal to the company’s
180 preceding 18 15 months’ gross receipts for the displaced service
181 in the displacement area. The 3-year notice period shall lapse
182 as to any private company being displaced when the company
183 ceases to provide service within the displacement area. Nothing
184 in this paragraph prohibits the local government and the company
185 from voluntarily negotiating a different notice period or amount
186 of compensation.
187 Section 3. This act shall take effect July 1, 2020.