Bill Text: FL S1572 | 2019 | Regular Session | Introduced
Bill Title: Displacement of Private Waste Companies
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Community Affairs [S1572 Detail]
Download: Florida-2019-S1572-Introduced.html
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”93means a local government’s provision of a collection service94which prohibits a private company from continuing to provide the95same service that it was providing when the decision to displace96was made. The term does not include:971. Competition between the public sector and private98companies for individual contracts;992. Actions by which a local government, at the end of a100contract with a private company, refuses to renew the contract101and either awards the contract to another private company or102decides for any reason to provide the collection service itself;1033. Actions taken against a private company because the104company has acted in a manner threatening to the public health105or safety or resulting in a substantial public nuisance;1064. Actions taken against a private company because the107company has materially breached its contract with the local108government;1095. Refusal by a private company to continue operations110under the terms and conditions of its existing agreement during111the 3-year notice period;1126. Entering into a contract with a private company to113provide garbage, trash, or refuse collection which contract is114not entered into under an ordinance that displaces or authorizes115the displacement of another private company providing garbage,116trash, or refuse collection;1177. Situations in which a majority of the property owners in118the displacement area petition the governing body to take over119the collection service;1208. Situations in which the private companies are licensed121or permitted to do business within the local government for a122limited time and such license or permit expires and is not123renewed by the local government. This subparagraph does not124apply to licensing or permitting processes enacted after May 1,1251999, or to occupational licenses; or1269. Annexations, but only to the extent that the provisions127of s. 171.062(4) apply.128(b) A local government or combination of local governments129may not displace a private company that provides garbage, trash,130or refuse collection service without first:1311. Holding at least one public hearing seeking comment on132the advisability of the local government or combination of local133governments providing the service.1342. Providing at least 45 days’ written notice of the135hearing, delivered by first-class mail to all private companies136that provide the service within the jurisdiction.1373. Providing public notice of the hearing.138(c) Following the final public hearing held under paragraph139(b), but not later than 1 year after the hearing, the local140government may proceed to take those measures necessary to141provide the service. A local government shall provide 3 years’142notice to a private company before it engages in the actual143provision of the service that displaces the company. As an144alternative to delaying displacement 3 years, a local government145may pay a displaced company an amount equal to the company’s146preceding 15 months’ gross receipts for the displaced service in147the displacement area. The 3-year notice period shall lapse as148to any private company being displaced when the company ceases149to provide service within the displacement area. Nothing in this150paragraph prohibits the local government and the company from151voluntarily negotiating a different notice period or amount of152compensation. 153 Section 2. This act shall take effect July 1, 2019.