Florida Senate - 2023                                     SB 798
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00547B-23                                           2023798__
    1                        A bill to be entitled                      
    2         An act relating to solid waste management; amending s.
    3         403.706, F.S.; prohibiting municipalities and counties
    4         from prohibiting or unreasonably restraining private
    5         entities from providing recycling or solid waste
    6         management services to certain properties; authorizing
    7         municipalities and counties to require such private
    8         entities to obtain permits, licenses, or nonexclusive
    9         franchise equivalents that meet certain requirements;
   10         requiring municipalities and counties to apply certain
   11         fees to all permit, license, and nonexclusive
   12         franchise equivalent holders; providing requirements
   13         for contracts or franchises in place as of a specified
   14         date; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Present subsection (23) of section 403.706,
   19  Florida Statutes, is redesignated as subsection (24), and a new
   20  subsection (23) is added to that section, to read:
   21         403.706 Local government solid waste responsibilities.—
   22         (23) A municipality or county may not prohibit or
   23  unreasonably restrain a private entity from providing recycling
   24  or solid waste management services to commercial, industrial, or
   25  multifamily residential properties, including condominiums,
   26  within the municipality or county.
   27         (a) A municipality or county may require the private entity
   28  to obtain a permit, license, or nonexclusive franchise
   29  equivalent. The permit, license, or nonexclusive franchise
   30  equivalent may not cost more than the administrative cost to
   31  issue the permit, license, or nonexclusive franchise equivalent.
   32  Such costs must be commensurate with other industries, license
   33  fees, insurance requirements, and qualifications for the
   34  issuance of the permit, license, or nonexclusive franchise
   35  equivalent.
   36         (b) A municipality or county must:
   37         1. Require any franchise fee in place to be paid by all
   38  permit, license, or nonexclusive franchise equivalent holders.
   39         2. Recognize and protect all contracts or franchises in
   40  place as of January 1, 2023, until their current date of
   41  expiration. A municipality or county may recognize a contract or
   42  exclusive franchise in place as of January 1, 2023, which
   43  contains a renewal option during the 2023 calendar year but may
   44  not recognize an evergreen contract or an additional renewal or
   45  extension of a contract.
   46         Section 2. This act shall take effect July 1, 2023.