CS/CS/HB 1241 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1241-02-c2
Page 1 of 3
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
A bill to be entitled 1
An act relating to local government solid waste and 2
recycling collection services; amending s. 403.706, 3
F.S.; prohibiting local governments from seeking 4
liquidated damages or imposing administrative 5
penalties for missed residential solid waste or 6
recyclable materials collection services under 7
specified conditions; providing that payment for such 8
services is not required until the services are 9
provided; providing applicability; providing an 10
effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Subsection (23) of section 403.706, Florida 15
Statutes, is renumbered as subsection (24) and a new subsection 16
(23) is added to that section to read: 17
(23)(a) Subject to the conditions below, a local 18
government may not assess liquidated damages or impose 19
administrative penalties for missed collections pursuant to a 20
contract for the collection of solid waste or recyclable 21
materials if: 22
1. The person collecting solid waste or recyclable 23
materials for the local government fails to provide timely 24
collection service to a residential customer as a direct result 25
CS/CS/HB 1241 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1241-02-c2
Page 2 of 3
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
of a declared local, state, or federal emergency that is in 26
effect within the jurisdiction of the local government; 27
2. The person notifies the local government that its 28
failure to provide timely residential collection service was due 29
to the emergency; and 30
3. The person provides the necessary collection service no 31
later than 36 hours after the time when the service should have 32
been provided. 33
34
To obtain relief under this paragraph, the person providing 35
collection services must demonstrate to the local government 36
that it complied with the requirements of this paragraph. 37
(b) The local government must pay for collection services 38
provided under subparagraph (a)3. However, the local government 39
is not required to pay the applicable fee for a specific 40
collection service for a residential customer until that service 41
is provided to the c ustomer. 42
(c) This subsection applies to contracts for the 43
collection of residential solid waste or recyclable material 44
that are executed or renewed after July 1, 2022. 45
(d) This subsection does not apply to: 46
1. A contract or contractual provision for the collection 47
of storm-generated yard trash as that term is defined in s. 48
403.703(42). 49
CS/CS/HB 1241 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1241-02-c2
Page 3 of 3
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
2. Collections of solid waste or recyclable material 50
missed due to the fault of the person providing collection 51
services. 52
Section 2. This act shall take effect July 1, 2022. 53