Sec. 90-62. - Application procedures.
Sec. 90-63. - Standards for issuance.
Sec. 90-64. - Term and conditions.
Sec. 90-66. - Transfers and forfeitures.
Secs. 90-68—90-90. - Reserved.
It shall be unlawful for any person to engage in the business of collecting, transporting or disposing of solid waste within the unincorporated areas of the county without first being issued a license by the board of county commissioners in accordance with the requirements set forth in this division. In order for any such person to qualify for a collection or disposal license, the board of county commissioners shall first determine that such person has complied with this article. Any license issued under this subdivision by the board of county commissioners shall be in the nature of a privilege, subject to the terms and conditions of this article, and shall not be deemed to create a property interest with respect to the license in the license holder. The board of county commissioners reserves the right to revoke any license for failure to comply with this article, the license or other applicable provisions of law and to refuse to renew a license if such renewal conflicts with any portion of this article, any amendment to this article or any subsequent ordinance regulating the collection, transport and disposal of solid waste.
(Code 1970, § 23-46; Ord. No. 89-06, § 6, 2-21-89)
Sec. 90-62. - Application procedures.
Any person seeking a license for the business of collecting, transporting or disposing of solid waste shall file an application for license on a form provided by the county and approved by the board of county commissioners which shall contain or be accompanied by, at a minimum, the following information and items:
(1)
Name, street address, mailing address of principal place of business and branch offices of the person desiring a license including identification of ownership interest. Partnerships, corporations or other business entities shall furnish names and mailing addresses of the principal officers and names, addresses and mailing addresses of the manager or supervisor who will be in charge of the operations within the county.
(2)
Payment to the county of an initial application fee of $2,500.00 and an inspection fee of $200.00 for each collection vehicle owned and used for collection and transport of solid waste within the county. Applicants shall also pay the actual cost of electronic monitoring devices to be placed on the vehicles. These fees and related charges may be amended from time to time by resolution of the board of county commissioners adopted at a public hearing.
(3)
A description of collection vehicles and equipment owned, leased or controlled by the applicant which will be used in the collection, transportation and disposal of solid waste within the county.
(4)
The location of the ultimate disposal area within the county's solid waste disposal and resource recovery system, including identification of any transfer stations to be utilized by the applicant.
(5)
For commercial and industrial accounts, a schedule shall be submitted indicating the number of collections by the size of collection container and weekly frequency of collection.
(6)
A complete rate schedule depicting those rates which the applicant intends to charge for residential, commercial or industrial collections.
(7)
A detailed map identifying the areas proposed to be serviced by the applicant and a detailed explanation of service to be provided.
(8)
Financial statements prepared by an independent certified public accountant containing that information required for review of rates as set forth in section 90-48. The financial statements must also include a balance sheet and income statement.
(9)
Detailed listing of prior experience of the applicant in providing solid waste collection, transport or disposal services.
(10)
The location of the applicant's local place of business, number of personnel, classifications of positions to be used by the applicant for providing service and identification of any other licenses or franchises held by the applicant for municipalities within the county or other political subdivisions adjacent to the county.
(11)
Detailed listing of any previous or existing enforcement actions by any environmental regulatory agency for violations of any agency rules relating to solid waste handling, transport or disposal.
(12)
Proof of all required insurance coverage as specified in subsection 90-47(2).
(13)
A statement that the applicant has read and is familiar with the requirements of this article and Laws of Fla. ch. 87-441 and agrees to operate in accordance with such requirements if the license is granted.
(Code 1970, § 23-47; Ord. No. 89-06, § 7, 2-21-89; Ord. No 08-25, § B, 7-8-08)
Sec. 90-63. - Standards for issuance.
(a)
Upon receipt of the application for the license required under this subdivision, the county's staff shall review and investigate the application and forward the application to the board of county commissioners for its consideration at a regularly scheduled meeting. The county shall provide the applicant with at least ten days' written notice of the time and place for such meeting. At the board of county commissioners meeting, the applicant shall be entitled to appear before the board of county commissioners, and it shall be the applicant's burden to demonstrate that:
(1)
The collection vehicles and equipment owned, operated or leased by the applicant are sufficient to provide adequate collection, transport or disposal services to the residents within the proposed licensed service area.
(2)
The public convenience and advantage will be promoted by the establishment of the proposed collection, transport or disposal services within the proposed licensed service area.
(3)
There exists an unmet need for such collection, transport or disposal services within the proposed licensed service area, services proposed by the applicant will increase levels of service for residents within the proposed licensed service area or services proposed by the applicant will result in a decrease in costs to residents within the proposed licensed service area without any adverse impact upon existing levels of service.
(4)
The proposed financial structure of the business is adequate to ensure timely and effective collection, transport or disposal services required by this article.
(5)
The proposed employees and operators of the business have sufficient technical experience and abilities to ensure the timely and effective delivery of collection, disposal or transport services required by this article.
(6)
The proposed rates to be charged for such collection, transport or disposal services are in conformity with section 90-48
(7)
If additional licenses are held by the applicant for other political subdivisions or municipalities, sufficient separation of such services can be provided within the proposed licensed service area so as to meet the requirements of this article with respect to the control of the flow of solid waste disposal and resource recovery system.
(b)
After consideration of the information presented by the applicant, the recommendation of the county's staff, information contained in the application and information presented by other interested parties, the board of county commissioners shall approve the application and issue a license subject to this article if the board of county commissioners determines that the applicant has demonstrated compliance with the standards set forth in this section. If the board of county commissioners determines, after consideration of all such information, that the applicant has failed to demonstrate compliance with such standards, it shall deny the application and set forth its reasons for such denial in a written order.
(Code 1970, § 23-48; Ord. No. 89-06, § 8, 2-21-89)
Sec. 90-64. - Term and conditions.
(a)
Any license issued under this subdivision by the county shall be valid for a term of one year and shall be renewed in accordance with this subdivision.
(b)
As an additional condition of a license, the board of county commissioners may request that the proposed licensed service area is expanded to include areas adjacent to those proposed by the applicant when the board of county commissioners determines that additional collection, transport or disposal services are needed to meet the demands of those persons residing within the area adjacent to the proposed licensed service area. If the board of county commissioners so expands the proposed licensed service area, the applicant shall be entitled to adjust its rate schedule as authorized in subsection 90-48(e).
(c)
As a condition of any license issued under this subdivision, the license holder shall comply with all requirements of this article and any rules or regulations promulgated by the board of county commissioners pursuant to the authority contained in this article.
(d)
The license holder shall appear and defend all actions against the county arising out of the exercise of authority under the license and shall indemnify and save the county, its officers, employees and agents harmless and free of all claims, demands, actions or causes of action of any kind and description arising out of or in any way connected with services provided or required to be provided or other actions taken or omitted to be taken or required to be taken pursuant to the license, except as such may relate to the direct negligence of the county, its officers, employees or agents.
(e)
As a condition of each license, the license holder agrees that the county shall have the right to inspect all collection vehicles and equipment at any time without prior notice in order to determine that no hazardous waste is being disposed of within the solid waste disposal and resource recovery system and to otherwise determine whether the license holder is in compliance with this article.
(f)
The license holder agrees to pay when due any and all tipping fees as established by the board of county commissioners from time to time for disposal in the solid waste disposal and resource recovery system.
(g)
The license holder shall provide services to any person within the licensed service area requesting service, provided the person agrees to pay the rates as established by the license holder and approved by the board of county commissioners.
(h)
For license holders providing services in political jurisdictions outside the county or municipalities within the county not participating in the county's solid waste disposal and resource recovery system, the board of county commissioners may require a separate vehicle identification design or scheme for all collection vehicles and equipment.
(i)
Collection vehicles and equipment utilized in connection with the license holder's operations within the licensed service area may not be used in other political jurisdictions outside the county boundaries, unless specifically approved by the county.
(j)
Collection vehicles used by a license holder in other political jurisdictions outside the county boundaries shall not be used to provide service within the licensed service area, unless specifically approved by the county.
(k)
Each license holder shall maintain a complete and accurate record of the collection services provided to nonresidential properties. Such records shall include the size of containers, the number of containers and each time the containers were collected by the license holder. Furthermore, such records shall reflect the total amount of services provided to each parcel of nonresidential property as identified by the parcel number used by the county property appraiser for purposes of ad valorem tax assessment. Such records shall be kept in a uniform, reproducible form as approved by the county for the purpose of establishing a database in order to determine solid waste quantities generated by nonresidential properties. Such data shall be made available to the county upon request and shall be included by the license holder with each application for annual renewal required in this subdivision.
(Code 1970, § 23-49; Ord. No. 89-06, § 9, 2-21-89; Ord. No. 89-22, § 1, 12-19-89)
(a)
Each license issued under this subdivision shall be for a period of not more than one year commencing on the date issued and expiring December 31 of the year of issue. Applications for renewal are the sole responsibility of the license holder and shall be filed with the county not later than November 1 of each year prior to the expiration date of the license; provided however, if a license holder intends to delete territory from its license or intends to drop more than 50 customers, an application shall be filed with the county not later than July 1 of the year prior to the expiration date of the license. Further, if at any other time a license holder intends to delete territory or drops more than 50 customers, the license holder must give at least six months prior notice to the county and receive board approval of the license modification. A renewal fee of $500.00 plus $200.00 per collection vehicle or transport vehicle shall accompany each application for renewal. These fees may be amended from time to time by resolution of the board of county commissioners adopted at a public hearing. Failure to timely submit an application for renewal and all applicable fees shall automatically terminate the applicant's existing license as of December 31 without right of renewal.
(b)
A license holder must comply with all requirements of this article in order to qualify for renewal, and the renewal application shall contain all information as requested for the original application required by section 90-62
(c)
For purposes of this article, all persons holding existing, valid licenses for the transport, collection or disposal of solid waste issued by the county at the time of adoption of the ordinance from which this article derives may continue to operate in accordance with the requirements of such existing license; provided, however, such persons shall be required to renew the licenses in accordance with this section, and such persons shall, upon such renewal, be subject to all terms and conditions of this article.
(Code 1970, § 23-53; Ord. No. 89-06, § 13, 2-21-89; Ord. No. 07-12, § B, 6-5-07; Ord. No 08-25, § C, 7-8-08)
Sec. 90-66. - Transfers and forfeitures.
(a)
Any license issued under this subdivision shall be a privilege which is personal to the original license holder, and it shall not be sold, transferred, leased, assigned or disposed, in whole or in part, either by sale, merger, consolidation or otherwise, without the prior consent of the board of county commissioners expressed by resolution, and then only under such conditions as therein may be prescribed.
(b)
Any such transfer or assignment of the license shall be made only by an instrument in writing, which shall include an acceptance of all terms and conditions of the license by the transferee, a duly executed copy of which shall be filed with the board of county commissioners within 30 days of such transfer or assignment.
(c)
Consent of the board of county commissioners shall not be granted until it has examined the proposed transferee's legal, financial and technical character and other qualifications as set forth in this division for the operation and maintenance of the services for collection, transport or disposal of solid waste.
(d)
Consent of the board of county commissioners shall not be arbitrarily refused; provided, however, that the proposed transferee possesses the requisite qualifications and agrees, in writing, to comply with all sections of this article and the previously issued license.
(e)
For purposes of this section, a change in ownership shall include a transfer of 20 percent or more of the voting securities of a corporate license holder to a person not presently a stockholder.
(f)
Nothing in this section shall be deemed to, in any way, impair or affect the right of the board of county commissioners to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a price reflective of its fair market value as an ongoing concern, and nothing in this section shall be construed to constitute a waiver or bar to the exercise of any governmental right or power of the board of county commissioners.
(g)
The license holder may of its volition relinquish its license, provided that the board of county commissioners has been granted sufficient time, but not less than 60 days, to ensure that refuse collection, transport or disposal services for the affected licensed service area will continue. Upon termination, suspension, revocation or relinquishment of a license, the board of county commissioners may designate another license holder to provide temporary service to the affected licensed service area or may otherwise provide solid waste collection, transportation or disposal service to such licensed service area.
(h)
No license shall be renewed by the board of county commissioners unless the board of county commissioners makes a determination that such renewal complies with section 90-63. Any license holder who does not perform its obligations under the license for a period of 30 days shall forfeit its rights under the license and the license shall be null and void.
(Code 1970, § 23-54; Ord. No. 89-06, § 14, 2-21-89)
(a)
Any license issued under this subdivision may be subject to revocation by the board of county commissioners in accordance with the procedures established in this section, upon an affirmative finding of the board of county commissioners that the license holder has failed to comply with the requirements of the act, this article, the license or other provisions of applicable law.
(b)
Upon determining that sufficient grounds exist to believe that a violation of any state act pertaining to solid waste, this article, the license or another provision of applicable law may have been committed by a license holder, the board of county commissioners shall provide written notice of such charges to the license holder prior to setting a public hearing on the charges as required in subsection (c) of this section.
(c)
Within 30 days after submission of the written charges to the license holder, the county shall schedule a public hearing, at which time it shall accept evidence from all interested parties as to the alleged violations set forth in the notice. The license holder shall receive written notice of the public hearing at least ten days in advance.
(d)
Upon completion of the hearing, the board of county commissioners shall adopt a resolution, including findings of fact, which shall determine whether in fact a violation has occurred and any appropriate remedy required, including modification to the license or revocation of the license.
(e)
This procedure shall not be construed as to prohibit any enforcement of a violation of this article in accordance with chapter 2, article V, division 4.
(Code 1970, § 23-55; Ord. No. 89-06, § 15, 2-21-89)