| 18 | | - | liquidated damages or imposing administrative 5 |
|---|
| 19 | | - | penalties for missed residential solid waste or 6 |
|---|
| 20 | | - | recyclable materials collection services under 7 |
|---|
| 21 | | - | specified conditions; providing that payment for such 8 |
|---|
| 22 | | - | services is not required until the services are 9 |
|---|
| 23 | | - | provided; providing applicability; providing an 10 |
|---|
| 24 | | - | effective date. 11 |
|---|
| 25 | | - | 12 |
|---|
| 26 | | - | Be It Enacted by the Legislature of the State of Florida: 13 |
|---|
| 27 | | - | 14 |
|---|
| 28 | | - | Section 1. Subsection (23) of section 403.706, Florida 15 |
|---|
| 29 | | - | Statutes, is renumbered as subsection (24) and a new subsection 16 |
|---|
| 30 | | - | (23) is added to that section to read: 17 |
|---|
| 31 | | - | (23)(a) Subject to the conditions below, a local 18 |
|---|
| 32 | | - | government may not assess liquidated damages or impose 19 |
|---|
| 33 | | - | administrative penalties for missed collections pursuant to a 20 |
|---|
| 34 | | - | contract for the collection of solid waste or recyclable 21 |
|---|
| 35 | | - | materials if: 22 |
|---|
| 36 | | - | 1. The person collecting solid waste or recyclable 23 |
|---|
| 37 | | - | materials for the local government fails to provide timely 24 |
|---|
| 38 | | - | collection service to a residential customer as a direct result 25 |
|---|
| 18 | + | liquidated damages or other charges against public or 5 |
|---|
| 19 | + | private solid waste management or recycling entities 6 |
|---|
| 20 | + | under specified conditions; providing applicability; 7 |
|---|
| 21 | + | providing an effective date. 8 |
|---|
| 22 | + | 9 |
|---|
| 23 | + | Be It Enacted by the Legislature of the State of Florida: 10 |
|---|
| 24 | + | 11 |
|---|
| 25 | + | Section 1. Subsection (23) of section 403.706, Florida 12 |
|---|
| 26 | + | Statutes, is renumbered as subsection (24) and a new subsection 13 |
|---|
| 27 | + | (23) is added to that section to read: 14 |
|---|
| 28 | + | (23) The governing body of any local government may not 15 |
|---|
| 29 | + | seek liquidated damages or similar char ges against a public or 16 |
|---|
| 30 | + | private solid waste management or recycling entity that provides 17 |
|---|
| 31 | + | residential municipal solid waste or recycling services when a 18 |
|---|
| 32 | + | local, state, or federal emergency is in effect and the 19 |
|---|
| 33 | + | emergency materially affects the ability of the solid waste 20 |
|---|
| 34 | + | management or recycling services entity to provide residential 21 |
|---|
| 35 | + | municipal solid waste or recycling services. This condition 22 |
|---|
| 36 | + | applies to all contracts, except contracts for the collection or 23 |
|---|
| 37 | + | disposal of storm-generated yard trash as defined in s. 403.703, 24 |
|---|
| 38 | + | between a county or municipality for the collection or transport 25 |
|---|
| 51 | | - | of a declared local, state, or federal emergency that is in 26 |
|---|
| 52 | | - | effect within the jurisdiction of the local government; 27 |
|---|
| 53 | | - | 2. The person notifies the local government that its 28 |
|---|
| 54 | | - | failure to provide timely residential collection service was due 29 |
|---|
| 55 | | - | to the emergency; and 30 |
|---|
| 56 | | - | 3. The person provides the necessary collection service no 31 |
|---|
| 57 | | - | later than 36 hours after the time when the service should have 32 |
|---|
| 58 | | - | been provided. 33 |
|---|
| 59 | | - | 34 |
|---|
| 60 | | - | To obtain relief under this paragraph, the person providing 35 |
|---|
| 61 | | - | collection services must demonstrate to the local government 36 |
|---|
| 62 | | - | that it complied with the requirements of this paragraph. 37 |
|---|
| 63 | | - | (b) The local government must pay for collection services 38 |
|---|
| 64 | | - | provided under subparagraph (a)3. However, the local government 39 |
|---|
| 65 | | - | is not required to pay the applicable fee for a specific 40 |
|---|
| 66 | | - | collection service for a residential customer until that service 41 |
|---|
| 67 | | - | is provided to the c ustomer. 42 |
|---|
| 68 | | - | (c) This subsection applies to contracts for the 43 |
|---|
| 69 | | - | collection of residential solid waste or recyclable material 44 |
|---|
| 70 | | - | that are executed or renewed after July 1, 2022. 45 |
|---|
| 71 | | - | (d) This subsection does not apply to: 46 |
|---|
| 72 | | - | 1. A contract or contractual provision for the collection 47 |
|---|
| 73 | | - | of storm-generated yard trash as that term is defined in s. 48 |
|---|
| 74 | | - | 403.703(42). 49 |
|---|
| 75 | | - | |
|---|
| 76 | | - | CS/CS/HB 1241 2022 |
|---|
| 77 | | - | |
|---|
| 78 | | - | |
|---|
| 79 | | - | |
|---|
| 80 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 81 | | - | hb1241-02-c2 |
|---|
| 82 | | - | Page 3 of 3 |
|---|
| 83 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 84 | | - | |
|---|
| 85 | | - | |
|---|
| 86 | | - | |
|---|
| 87 | | - | 2. Collections of solid waste or recyclable material 50 |
|---|
| 88 | | - | missed due to the fault of the person providing collection 51 |
|---|
| 89 | | - | services. 52 |
|---|
| 90 | | - | Section 2. This act shall take effect July 1, 2022. 53 |
|---|
| 51 | + | of solid waste or recyclable material executed or renewed on or 26 |
|---|
| 52 | + | after July 1, 2022. 27 |
|---|
| 53 | + | Section 2. This act shall take effect July 1, 2022. 28 |
|---|