NWRA State Update: House Bill 331 in Florida Approved by Local Administration & Veterans Affairs Subcommittee
In Florida, House Bill 331 sponsored by Rep. Lawrence McClure (R-Dover) relating to the displacement of private waste companies was approved on March 3 by the Local Administration & Veterans Affairs Subcommittee by a vote of 14 to 4.
Currently, counties and municipalities must provide and regulate waste disposal services but may contract some or all of these services to others. To displace, or prohibit the continued provision of service by, a private company engaged in providing solid waste collection services in areas not presently served by the local government, the law requires the local government to hold at least one public hearing giving 45 days’ notice to all affected private companies. Before providing any actual service, a local government must provide three years’ notice to the displaced private company or pay the company an amount equal to the company’s gross receipts for the preceding 15 months. The law allows a local government to negotiate a different notice period and buyout price if so desired. The notice period lapses when the private company stops providing services in the displacement area.
HB 331 removes the discretion for the local government to pay a displaced company in lieu of providing a three-year notice period. The bill makes the three years’ notice to a private company mandatory and requires a local government to pay a displaced private waste company an amount equal to the company’s preceding 18 months’ gross receipts after the notice period ends. The bill also removes the ability for local governments and private companies to negotiate different notice periods or buyout terms.
There were four no votes including Reps. Joy Goff-Marcil (D-Maitland), Dottie Joseph (D-Miami), Dianne Hart (D-Tampa) and Patricia Woodson (D-Pembroke Pines). Their main concern was that under the bill as written, local governments and private companies may no longer negotiate different notice periods or buyout terms. They want the ability for negotiations to be included in the bill. McClure assured the National Waste & Recycling Association (NWRA) Florida chapter members that he would work with them on compromise language.
“On behalf of the NWRA Florida chapter, we want to thank Rep. McClure for being a champion on this issue,” said Keyna Cory, NWRA Florida chapter lobbyist. “Florida enacted Fair Competition legislation in 2000 so that local governments cannot put private companies out of business. HB 331 helps private waste companies by providing a strong timeline and compensation if they are displaced.”
HB 331 now goes to the House Regulatory Reform Subcommittee for review.
