Florida 2023 2023 Regular Session

Florida House Bill H0975 Introduced / Bill

Filed 02/21/2023

                       
 
HB 975  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0975-00 
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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 solid waste management; amending s. 2 
403.706, F.S.; prohibiting municipalities and counties 3 
from prohibiting or unreasonably restraining private 4 
entities from providing recycling or solid waste 5 
management services to certain properties; authorizing 6 
municipalities and counties to require such private 7 
entities to obtain permits, licenses, or nonexclusive 8 
franchise equivalents that meet certai n requirements; 9 
requiring municipalities and counties to apply certain 10 
fees to all permit, license, and nonexclusive 11 
franchise equivalent holders; providing requirements 12 
for contracts or franchises in place as of a specified 13 
date; providing an effective da te. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1.  Present subsection (23) of section 403.706, 18 
Florida Statutes, is redesignated as subsection (24), and a new 19 
subsection (23) is added to that section, to read: 20 
 403.706  Local government solid waste responsibilities. — 21 
 (23)  A municipality or county may not prohibit or 22 
unreasonably restrain a private entity from providing recycling 23 
or solid waste management services to commercial, industrial, or 24 
multifamily residential propert ies, including condominiums, 25     
 
HB 975  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0975-00 
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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 
 
 
 
within the municipality or county. 26 
 (a)  A municipality or county may require the private 27 
entity to obtain a permit, license, or nonexclusive franchise 28 
equivalent. The permit, license, or nonexclusive franchise 29 
equivalent may not cost more than the administrative cost to 30 
issue the permit, license, or nonexclusive franchise equivalent. 31 
Such costs must be commensurate with other industries, license 32 
fees, insurance requirements, and qualifications for the 33 
issuance of the permit, li cense, or nonexclusive franchise 34 
equivalent. 35 
 (b)  A municipality or county must: 36 
 1.  Require any franchise fee in place to be paid by all 37 
permit, license, or nonexclusive franchise equivalent holders. 38 
 2.  Recognize and protect all contracts or franchise s in 39 
place as of January 1, 2023, until their current date of 40 
expiration. A municipality or county may recognize a contract or 41 
exclusive franchise in place as of January 1, 2023, which 42 
contains a renewal option during the 2023 calendar year but may 43 
not recognize an evergreen contract or an additional renewal or 44 
extension of a contract. 45 
 Section 2.  This act shall take effect July 1, 2023. 46