Attachment_C-Updated_Ordinance.docx

ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY AMENDING CHAPTER 23.5 “SOLID WASTE,” ARTICLE I, “IN GENERAL” TO INCLUDE DEFINITIONS FOR FRANCHISES; CREATING ARTICLE II “REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLETION”; AMENDING ARTICLE III “COLLECTION BY THE CITY” TO INCLUDE SPECIAL COLLECTIONS AND CHARGES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City of Homestead (the “City”), pursuant to Chapter 23.5 entitled “SOLID WASTE” of the City Code of Ordinances (the “City Code”), currently provides for the collection, removal and disposal of all garbage, trash and yard and garden waste by the solid waste department of the City; and WHEREAS, the City Council of the City (the “City Council”) desires to provide for the collection, removal and disposal of garbage, trash and other solid waste from “new commercial establishments”, as defined section 23.5-1 of the Code and as defined below and “new residential developments” as defined below, from private commercial solid waste firms through a “franchise agreement” (defined below) with the City; and WHEREAS, the City Council wishes to establish the process for application, set forth the qualifications and regulations related to the granting of franchises for private commercial solid waste firms to provide for the collection, removal and disposal of garbage, trash and other solid waste from new commercial establishments and new residential developments; and WHEREAS, the City Council has reviewed the Ordinance at a duly noticed public hearing in accordance with law and determined that it is consistent with the City Code; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA:

Section 1. Findings. The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Ordinance.

Section 2. City Code Amended. That Chapter 23.5, “Solid Waste,” Article I, “In General,” Article II, “Regulation of Persons Engaged In Commercial Waste Collection” and, Article III, “Collection By The City” of the City Code of Ordinances is hereby amended to read as follows:

CHAPTER 23.5 – SOLID WASTE

ARTICLE I. IN GENERAL

Sec. 23.5-1. Definitions.

For the purposes of this chapter, the following words or phrases shall have the meanings respectively ascribed to them by this section:

Annual franchise fee. The yearly fee charged by the City of Homestead ("city") to each franchisee who operates within the city limits and collects garbage and trash. See subsection 23.5-25 of the City Code.

Annual specialized waste handling fee. The yearly fee charged by the city to each Franchisee which operates within the city limits and collects trash, excluding garbage. See subsection 23.5-25(c) of the City Code.

Bulky trash: not in excess of ten (10) cubic yards of trash, yard and garden waste, noncombustible refuse, white goods or nonpolluting industrial wastes, placed upon the swale, parkway or curbside immediately in front of the residential premises upon which such accumulation is created.

Commercial establishment: Any public or private place, building and/or enterprise devoted in whole or in part to a business enterprise whether nonprofit or profit-making in nature, including but not limited to, any office buildings, stores, markets, theaters, industrial plants, hospitals or other institutional buildings, but excluding any structure which constitutes a residence as defined in this section. For the purpose of this chapter, "commercial establishment" shall include structures containing four (4) or more dwelling units or any structure with a use, that requires a local business tax receipt or certificate of use and occupancy for its continued operation.

Commercial garbage: All putrescible and nonputrescible solid waste, including but not limited to garbage, trash, paper, boxes, rubbish, trash, ashes, street cleanings and industrial refuse emanating from a new commercial establishment but excluding all body and animal excretion.

Commercial hauler: A licensed city Franchisee that operates within the city limits and provides certain services to new commercial establishments and new residential development, including but not limited to garbage, trash, recycling, roll-off, and specialized waste handling service.

Commercial solid waste service: The collection and disposal of garbage, trash, recycling, solid and processable waste for all new commercial establishments and new residential developments, including the collection and disposal of construction and demolition debris.

Construction and demolition debris collector: Any commercial solid waste Franchisee who collects, transports or disposes of construction and demolition debris and shall be subject to a registration fee as provided for F.S. § 403.7046.

Dumpsters: Containers constructed of a type of material approved and/or provided by the city and either purchased by the user or leased, rented or sold to the user by the city. Such containers shall be capable of being utilized with the current disposal equipment of the city.

Effective Date: the Effective Date of this Ordinance is immediately upon adoption on second reading.

Enclosure: Structure made of concrete, cinderblock or some type of fencing, the purpose of is to screen from public view and/or contain dumpsters and/or loose bulk trash, yard and garden waste and similar type material.

Excavation, construction and demolition wastes: Building materials or rubble including but not limited to earth, storm, brick, flooring, lumber, plaster, roofing and any other waste resulting from construction, remodeling, repair or demolition of any building, pavement or other structure. Included are the debris caused by a landlord when a premises is cleaned out upon departure of a tenant, to ready the premises for occupancy by a new tenant.

Franchisee: A private commercial solid waste firm that is granted a nonexclusive franchise by the city, to remove and dispose of solid waste from new commercial establishments and new residential development, which is required to pay a percentage of its gross monthly earnings to the city pursuant to the provisions of this chapter.

Franchise agreement: A non-exclusive agreement between the city and a qualified firm to provide new commercial establishments and new residential development solid waste services, as defined in this chapter, within the city.

Franchise fees: The monthly percentage of gross receipts remitted to the city by each franchisee. See section 23.5-25 and section 23.5-31 of the City Code, as amended.

Garbage: Every refuse accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ carrying insects.

Gross receipts. All monies, whether paid by cash, check, debit, credit, or any other legal form of payment, resulting from all transactions and activities in the franchisee's regular course of business and trade including administrative fees, garbage, industrial, solid waste, used cooking oil waste, environmental charges and fees, containerized waste services, fuel surcharge, construction and demolition debris, roofing materials, trash, litter, maintenance, compactors, refuse and/or rubbish collection removal and disposal services rendered, hand bag collection, recycling (excluding recovered materials as defined by F.S. § 403.703 at new commercial establishments), or from any other source related directly or indirectly from waste collection services, including, but not limited to, all income derived from the use of dump trucks, grappling trucks, roll-off trucks, trailers, roll-offs, boxed in, framed, fenced in, or otherwise designated storage areas, etc., containers, bagsters, chutes, and any other vehicles and equipment used for collection and disposal of any debris by the franchisee, exclusive of Franchise Fees herein and taxes as provided by law, whether wholly or partially collected within the city, less bad debts. Gross receipts shall not include income derived from the transportation, storage, treatment, collection, and removal of biomedical, biological, or hazardous waste as herein defined.

Hazardous waste: Waste which requires special handling, including, but not limited to explosives, wet cell lead acid batteries, pathological wastes, radioactive materials, acidic, caustic, toxic, highly flammable chemicals, paints, petroleum products or cleaning fluids.

Homeowner’s Association: The association required under the Chapter 25 of City Code to be created for a new residential development.

Industrial waste: All solid wastes which result from industrial processes and manufacturing operations such as factories, processing plants, repair and cleaning establishments, refineries and rendering plants. Any waste materials which, because of their volume or nature, do not lend themselves to collection and incineration combined with ordinary garbage and trash, or which, because of their nature or surrounding circumstances, should be, for reasons of safety or health, disposed of more often than city collection service schedules allow.

New commercial establishment: a new commercial establishment, as defined herein that is established and requires a new local business tax receipt and certificate of use and occupancy on or after the Effective Date of this Ordinance.

New residential development: a development that contains new construction of residences as defined herein, and the creation of a homeowner’s association has been approved by the city council pursuant to Division 4 entitled “Final Plat”; all such residences shall have received certificates of occupancy on or after the Effective Date of this Ordinance.

Noncombustible refuse: Refuse materials that are unburnable at ordinary incinerator temperature, eight hundred (800) degrees to eighteen hundred (1800) degrees, such as metals, mineral matter, large quantities of glass or crockery, metal furniture, auto bodies or parts and other similar material or refuse not usual to housekeeping or to operation of stores or offices.

Nonexclusive franchise: A non-exclusive right and privilege granted to a qualified firm to contract to provide solid waste, construction and demolition material, and recyclable collection and disposal services to new commercial establishments and new residential development, as defined in this chapter, in, upon, over and across the present and future streets, alleys, easements and other public places of the city.

Permit per account fee: The charge assessed by the city to a Franchisee, for every account with whom it acquires or maintains an agreement during the fiscal year for purposes of providing commercial solid waste services.

Public nuisance: For purposes of this chapter, shall mean a container or roll-off/container which appears to be utilized for commercial solid waste service with or without a city franchise agreement and poses a threat to the health and safety of the community.

Recycling container or rack: A container provided by the city for the collection of recyclable material and outfitted for use with existing city equipment. Normally for residential areas a fourteen-gallon container, in commercial areas a ninety-gallon container and/or a one-cubic-yard rack or dumpster for corrugated paper.

Recyclable material: Material which would be garbage, commercial refuse, industrial refuse or rubbish but for the fact that it is usable and/or has commercial value.

Residence: A structure of no more than three (3) dwelling units designed for occupancy of more or less permanent tenure including single-family homes, garage apartments, duplexes and triplexes.

Residential garbage: All putrescible and nonputrescible solid waste including garbage, trash, paper, and rubbish emanating from a residence, but excluding all wastes herein defined as yard and garden wastes; excavation, construction and demolition wastes; hazardous wastes; and white goods; and also excluding body and animal excretion.

Roll on/roll off container (RORO): A specialized container that has a capacity of twenty (20), thirty (30) or forty (40) cubic yards. Normally utilized at construction sites or other temporary locations, for the use of bulk storage of trash that is generated in large volumes prior to removal from the site.

Safety inspection fee: A regulatory fee pursuant to F.S. § 166.221, imposed by the director of public works solid waste upon a Franchisee for inspection of substandard, unsafe, or inoperable vehicles and/or equipment.

Solid waste: Garbage, rubbish, refuse, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations.

Specialized waste: Solid waste that requires special handling and management, including, but not limited to white goods, waste tires, used oil, lead-acid batteries, construction and demolition debris, ash residue, biomedical and biological waste.

Specialized waste handling nonexclusive fee: The annual fee paid to the city for the right to conduct specialized waste handling services in the city.

Street: Any strip of land which is open to the public for the use of vehicular traffic and containing delineations, signs or other traffic-control devices to channel traffic.

Supercan: A container provided by the city and outfitted for use with existing city equipment, having a tight-fitting lid which can be sealed. The container is made of plastic and has two (2) wheels for user roll-out capability. The capacity of the container will be at least ninety (90) gallons.

Temporary roll-off/container permit fee: The charge paid every 90 days the account remains active, per account to the city for each large container and/or roll-off utilized by Franchisees to provide contracted removal and disposal of waste from commercial constructions and demolition, renovation and other similar accounts which are of a temporary nature.

Trash: Refuse, accumulations of paper, excelsior, rags or wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places; and any bottles, cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water breeding insects. Trash shall not include noncombustible refuse as defined in this section.

Tree: Any woody plant or palm which in its mature state under normal growing conditions, reaches a height of fifteen (15) feet or greater.

Vegetation: Any species of living plant material, excluding trees as defined herein, growing in a controlled or uncontrolled manner.

Waste broker: An individual, including a natural person or entity, who serves as a middle person between other parties within the commercial solid waste hauling industry. The services of a waste broker who utilize city Franchisees and/or Subcontractors who have a city council awarded Franchisee for servicing of new commercial establishments and/or new residential developments within the city are allowed under this chapter.

White good wastes: Discarded appliances including but not limited to stoves, refrigerators, dish washers, washing machines, dryers, water heaters, air conditioners and heating units.

Yard and garden waste: Grass, leaves, tree or shrubbery cuttings incidental to the care of lawns and gardens. This includes large tree or shrubbery cuttings including tree limbs and logs less than four (4) inches in diameter and no more than five (5) feet in length, stumps less than fifteen (15) inches in diameter or fifty (50) pounds in weight and palm fronds, but excluding debris from unimproved lots, soil and sod. Under no circumstances will yard and garden waste be disposed of in a garbage container.

Sec. 23.5-2. Mandatory and exclusive collection and disposal service and storage of garbage and trash.

(1)

Any franchisee providing waste collection services who will be discontinuing its collection service to a new commercial establishment or new residential development shall give the department of code enforcement and the city manager's office or its designated city department at least seven business days' prior notice of its intention to discontinue such service. The Franchisee shall additionally mail to the owner, occupant, tenant or lessee of the new commercial establishment or residence of a new residential development a notice that it is discontinuing waste collection services for that property. Duplicate copies of this notice shall be simultaneously mailed by the Franchisee to the department and the city manager's office or its designated city department. A new commercial establishment or a residence of a new residential development which does not have current waste collection services being furnished shall be subject to having an administrative service fee imposed pursuant to section 23.5-9.

Sec. 23.5-5. Illegal disposal of garbage.

(e) It shall be unlawful for any person to engage in the commercial collection and disposal of garbage or trash within the city, without a franchise. It shall be unlawful for any person to engage in the commercial collection and disposal of recyclables without having a franchise from the city.

Sec. 23.5-6. Trash, yard and garden waste, noncombustible refuse, white goods and nonpolluting industrial waste disposal.

Sec. 23.5-9. Enforcement and penalty.

ARTICLE II. RESERVED REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION Secs. 23.5-21—23.5-35. Reserved. Engaging in business of solid waste collection and disposal; issuance of franchise agreement to private solid waste collectors.

(a) No person, firm or corporation shall remove or transport any solid waste material over the streets or public rights-of-way of the city or its real property for hire or salvage without first applying for and receiving a franchise from the department to carry on such a business. The franchise required by this section shall be in addition to any local business tax receipt and other license(s) which otherwise may be required by law, including F.S. § 403.4046. A franchise will not be granted to a new commercial establishment for the sole purpose of hauling the solid waste material of its own tenants or occupants.

(b) It shall be unlawful for any commercial solid waste collector/franchisee to provide service to any property within 100 feet of a residential district between the hours of 11:00 p.m. and 7:00 a.m.

(c) It shall be unlawful for a franchisee to contract or subcontract with another commercial hauler, also referred to as a subcontractor, for the servicing of a new commercial establishments or new residential developments within the city that does not have a city council awarded franchise. A Franchisee may contract or subcontract with another commercial hauler for curbside semi-monthly collections of not in excess of ten (10) cubic yards of Bulky trash, yard and garden waste, noncombustible refuse, white goods or nonpolluting industrial wastes if such subcontractor is also a Franchisee. Any subcontractor for Bulky trash service shall be required to obtain it’s own city council awarded franchise and must show proof of a city council awarded franchise.

(d) It shall be unlawful for a franchisee to utilize or have any equipment that is owned by another commercial hauler, also referred to as a subcontractor, for the servicing of a new commercial establishments or new residential development within the city that does not have a city council awarded franchise.

(e) It shall be unlawful for a franchisee to have a business arrangement with another commercial hauler, also referred to as a subcontractor, or a waste broker for the servicing of a new commercial establishment or new residential development within the city that does not have a city council awarded franchise.

(f) No franchise granted pursuant to this chapter shall be deemed the property of the holder thereof.

(g) The city reserves unto itself the power to revoke all franchises granted pursuant to this chapter, to change or limit the rights granted, or to otherwise modify the franchises, in its sole discretion, by ordinance duly enacted by it. Such action shall not be deemed a taking of a property, contract, or other right of any franchisee, it being the express intention of this chapter to reserve unto the city, the power, in its sole discretion, to alter the methods of solid waste collection employed in the city, and the manner in which to provide for solid waste services delivered within the city.

(h) The city council is authorized, from time to time, to grant one or more franchise(s) granting the right and privilege to operate a commercial solid waste service in, upon, over and across the present and future streets, alleys, easements and other public places of the city for the purpose of collecting all solid waste from new commercial establishments and new residential developments as defined in this chapter.

(i) The franchise(s) shall be granted only after the applicant for the franchise has responded successfully to the request for qualifications and filed with the purchasing department, an application, and such other documentation as may reasonably be required to establish that the applicant meets all of the requirements delineated in this chapter.

(j) The franchise(s) shall initially be granted for a period of five years, with three one-year options to renew, upon approval of the application by the city council. The option to renew any franchise(s) for the additional three one-year periods shall be at the sole discretion of the city.

(k) Franchise agreements shall be inclusive of the requirements of chapter 23.5 of the City Code, as amended. A commercial hauler’s servicing of a new commercial establishment or a new residential development within the city without a city council awarded franchise pursuant to chapter 23.5 of the City Code, as amended, shall be presumed a public nuisance and deemed damaging to the public health, safety, and general welfare.

(l) All amendments to chapter 23.5 of the City Code, shall be deemed applicable to and a part of all franchise agreements, by operation of law, without need for execution of an amendment. For additional clarity, the department and each franchisee shall enter into and execute an amendment to the franchise agreement for addition of the requirements of this section, as amended.

Sec. 23.5-22. Application for franchise.

Applications for a franchise shall be made to the purchasing department upon such form and in such manner as shall be prescribed by the director of purchasing to elicit the following information and to be accompanied by supporting documents and such other information as may be required by the purchasing department:

(a) Name of applicant. If the applicant is a partnership or corporation, the names and business addresses of the principal officers and stockholders and other persons having any financial or controlling interest in the partnership or corporation. Provided, however, that if the corporation is a publicly owned corporation having more than 25 shareholders, then only the names and business addresses of the local managing officers shall be required.

(b) Character of applicant. The applicant for a franchise under this section, if an individual, or in the case of a firm, corporation, partnership, association or organization, any person having any financial, controlling or managerial interest therein, shall be of good moral character. In making such determination the following information, which shall be submitted by applicant, shall be considered.

(1) Penalty history. If the applicant is an individual, a record of all convictions and the reasons therefore shall be provided by the applicant. If the applicant is other than an individual, then the record of all convictions and the reasons therefore of the principal controlling officers of applicant shall be provided. Provided, however, that in the case of a publicly held corporation having 25 or more shareholders, then only the aforementioned information applicable to its local managing officers shall be required.

(2) Fingerprints. The fingerprints of the persons mentioned in this subsection, a full set of which, for each of such persons shall accompany the application. Such service shall be obtained from a public agency.

(3) Business history. Whether such applicant has operated a solid waste collection removal business in this or another state under a franchise, permit or license and if so, where and whether such franchise, permit or license has ever been revoked or suspended and the reasons therefore.

(4) Existence of business entity. If the applicant is a corporation, applicant shall submit proof of incorporation in good standing in the state of incorporation and, if a foreign corporation, applicant shall provide information certifying that applicant is qualified to do business in the state. If applicant is operating under a fictitious name, applicant shall be required to submit information that such fictitious name is registered and held by applicant.

(c) Equipment and method of operation. The applicant for a franchise shall possess equipment capable of providing safe and efficient service. In making such a determination and approving the method of operation for each applicant, the department shall require the following information:

(1) The type, number and complete description of all equipment to be used by the applicant for providing service pursuant to this chapter.

(2) A statement that applicant will use only city- and/or county-approved disposal sites for disposing of all garbage, yard and garden waste, industrial waste, and solid waste material which applicant collects and removes, except those sites which heretofore have been approved by the State of Florida department of environmental protection.

(3) The names of customers and the addresses of each location served by the company.

(d) Insurance requirements.

(1) The applicant for a franchise shall maintain insurance as specified herein and shall furnish a public liability policy to the department and also file with the department a certificate of insurance for the policy written in the applicant's name. The certificate shall provide that the policy contain an endorsement requiring that the department shall be furnished with ten days' notice by registered mail prior to cancellation or material changes in the policies. The applicant shall carry in the applicant's own name an automobile liability insurance policy covering the applicant's operations with a combined single limit of $1,000,000.00 per occurrence for bodily injury and property damage liability. The city shall be listed as an additional insured for liability.

(2) A performance bond or an acceptable alternative in an amount equal to the contractor's previous 12-month franchise fee(s) paid to the city or a minimum of $25,000.00, whichever is

(3) greater, as security for any fee(s) due to the city under the franchise agreement(s) with good and sufficient sureties conditioned upon the compliance of the terms of this chapter in such form as required by the city attorney. Said performance bond, or alternative acceptable by the department, shall not expire prior to six months from the commencement of the term of the franchise agreement and any extensions thereof.

(e) Liability of the city and the department. The above insurance requirements shall not be construed as imposing upon the city or the department or any official or employee thereof any liability or responsibility for injury to any person or damage to any property by the insured, the insured's agents or employees.

(f) Limitation on hours of operation. Private commercial haulers franchised by the city shall service their accounts, located within 100 feet of residential districts only between the hours of 7:00 a.m. and 11:00 p.m., except as determined and defined by the director. Commercial corridors as determined by the director.

(g) Application form. Each application for a franchise shall be made on a standard form promulgated by the director of purchasing and shall include an affirmation that the applicant will comply with this chapter in all respects.

(h) Review and issuance. The completed application shall be submitted to the purchasing department. Upon receipt of a completed application, the director of purchasing shall consult with the City Manager or their designee to jointly review said application and, if satisfactory in all respects, shall make recommendations to the city council.

Sec. 23.5-23. Denial of application.

Should the director of purchasing propose denying an application for a franchise, the applicant shall be notified of such denial by certified mail not later than 14 days prior to the director of purchasing making such recommendation to the city council. The notice of denial shall contain a statement of the reasons why the application is being recommended for denial.

Sec. 23.5-24. Appeal from the recommended denial of franchise; appeal from revocation of franchise.

(a) The recommended denial of a franchise by the director of purchasing may be appealed to the city council. The notice of appeal shall be filed in writing with the purchasing department no later than 14 days after the receipt of the certified letter advising applicant of the proposed denial.

(b) The director of purchasing shall schedule a public hearing for the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city council shall either affirm the decision of the purchasing director or direct the purchasing director to issue the franchise.

(c) The revocation of a franchise by the director of solid waste may be appealed to the city manager or the city manager's designee. The notice of appeal shall be filed in writing with the city manager with a copy addressed to the director of solid waste no later than 14 days after the receipt of the certified letter advising franchisee of the revocation.

(d) The city manager or the city manager's designee shall fix the date and time for hearing the appeal. Said hearing shall be held not less than 14 nor more than 60 days after receipt of the notice of appeal. The city manager or the city manager's designee shall either affirm the decision of the director of solid waste or direct the director of solid waste to reinstate the franchise. Should a revocation and/or reduction in the number of franchisees occur, the city council may add additional qualified applicants to the approved franchisee list provided that said list does not exceed the number of previously approved franchisees.

Sec. 23.5-25. Annual franchise fees; franchise fees.

(a) Commencing on the Effective Date, and October 1 of every new fiscal year, each and every franchisee shall pay an annual permit per account fee of $75.00, payable in October and prorated as provided by the schedule below for the first year only, for each account that was acquired or maintained through the prior fiscal year for purposes of providing to new commercial establishments and/or new residential developments commercial solid waste services.

Fee

(b) Beginning as of the Effective Date and each October 1, thereafter each and every franchisee shall pay an annual franchise fee by October 1 each year of the franchise term (and of any extension thereof) in the amount of $7,500.00, with such franchise fee being increased by $500.00 per year beginning October 1, 2026. Failure to remit the required annual franchise fee by the due date shall result in a one and one-half percent penalty per month on the balance due.

(c) Beginning as of the Effective Date and each October 1, thereafter, each and every franchisee whose primary business is limited to solid waste that requires special handling and management shall pay an annual specialized waste handling permit fee by October 1 each year of the franchise term (and of any extension thereof) in the amount of $3,500.00 for the right to provide only specialized waste handling services within the city limits. If a franchisee is providing only specialized waste handling services within the city, then annual franchise fee will increase by $500.00 per year beginning October 1, 2025. Failure to remit the required annual franchise fee by the due date shall result in a one and one-half percent penalty per month on the balance due.

(d) Beginning as of the Effective Date and each October 1, thereafter, each and every franchisee shall pay the city a $500.00 safety inspection fee if a franchisee's vehicle(s) or equipment is believed to be defective, inoperable, substandard, or potentially unsafe as determined by the director of solid waste. This is a regulatory fee as referenced in F.S. § 166.221. This fee is for the municipal inspection of the vehicles being used by franchisee within the city. The applicable vehicles are those operated by franchisee within the city boundaries. The vehicles will include, but are not limited to, roll-offs, grapple trucks, front and rear end loaders, vactor trucks, dump trucks, trailers, and any other vehicles used for business, collection and disposal of any debris by the franchisee.

(e) Certified recovered materials dealers excluded from local franchise requirements pursuant to F.S. § 403.7046 shall be required to submit an annual registration form and pay a $100.00 registration fee per year beginning October 1, 2025, to the city for an annual period which will begin October 1st and end September 30th of the following year. (See certified recovered materials dealer registration form).

(f) The franchise fee may be amended or adjusted from time to time. Any monthly percentage of gross receipts payable, as amended, or adjusted, will automatically apply to the franchise agreement. The city and franchisee will promptly execute any addendum or amendment recognizing the franchisee's obligation to pay such adjusted or amended fee as of the effective date of such amendment. If the franchisee fails to pay the adjusted franchise fee or fails to comply with any addendum or amendment to the franchise agreement, the franchisee shall be deemed in default of the franchise agreement.

Sec. 23.5-26. Recycling requirements for franchisees.

Each and every franchisee shall submit the following to the solid waste director at the following intervals:

(a) Annually, an "annual recycling plan" that describes recycling activities and services available to commercial and residential establishments in the city that are offered by the franchisee.

(b) Annually, an "annual recycling report" that describes resources and money of the franchisee utilized in connection with the recycling program, a list of recycling accounts, and a list of accounts that do not avail themselves of the franchisee's recycling opportunities and reasons for same.

(c) Quarterly, a report describing recycling and diversion goals and recycling/diversion accomplishments.

(d) Annually, copies of literature provided to each customer in English, Spanish, and Creole describing the franchisee's recycling programs and services available.

Any franchisee servicing an address that engages in the sale of produce located within the produce market shall, no later than October 1, 202[4], offer an organic waste recycling program. Said program shall utilize composting and/or any other organic waste recycling program which diverts organic waste from a disposal site to a city waste-to-energy facility.

Sec. 23.5-27. Identification of equipment.

All equipment utilized to collect and transport solid waste in the city must be conspicuously marked on both sides of the automotive unit with the name of the hauler, tare weight, cubic yard capacity, and a decal issued by the city. Identification information must also be marked on all trailer and container units. All markings must be in letters and numerals at least two inches in height.

Sec. 23.5-28. Information required of franchisees.

(a) At least annually or as determined by the director of solid waste, each franchisee shall supply the following information on a form, format, and in the manner prescribed by the director of solid waste.

(1) A listing, as of the reporting date, of the names and addresses of customers and the addresses and folio numbers of each location served.

(2) An accounts receivable aging report for each customer within the city.

(3) The number and capacity of each dumpster and compactor per account.

(4) The address serviced by each dumpster and compactor.

(5) The list of accounts within the city for which hand collection of bags/containers is provided.

Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with highlighted double strikethrough and double underline.

CAR4460 – Exhibit 1

(6) The listing of city accounts that were charged-off as bad debts.

(7) A list of vehicles and equipment to be used in the city.

(b) No property owner may share an account with another property owner.

Sec. 23.5-29. Change in required information.

Each franchisee shall file any change in its required information with the director of solid waste in writing on a form prescribed by the director of solid waste prior to becoming effective.

Sec. 23.5-30. Disposal required at city- and/or county-approved facilities.

(a) Any and all solid waste material collected by a franchisee within the city shall be disposed of only at the solid waste disposal facilities provided, operated and designated or approved by the department and/or the county public works department and at no other location or facility except those which have heretofore been approved by the State of Florida department of environmental protection.

(b) All franchisees shall comply with the provisions of this chapter and all implementing resolutions of the city council. The city shall use the reports required in this chapter and other information available to determine compliance of permit holders.

Sec. 23.5-31. Franchise fee requirement; monthly franchise fee payment; approval by city council as a prerequisite to issuance; financial statements, list of accounts; account permit fees; roll-off permit fees.

(a) No person shall engage in the business of removing or disposing of garbage, trash, or waste from any premises in the city or transport garbage, trash or waste through the public rights-of-way of the city without first having secured a franchise for such activities and paying all fees associated with the operation of the franchise as determined by the city. All persons shall be required to obtain a franchise from the city in order to engage in commercial solid waste service, including collection and disposal from any streets, public rights-of-way or property in the city. These fees shall be in addition to the occupational permit tax ordinance of the city.

(b) Upon the Effective Date, all city-franchised commercial haulers for new commercial establishments and haulers for new residential developments of solid waste will be required to pay to the city a franchise fee of 24 percent of the franchisee's monthly total gross receipts. The franchisee shall, on or before the last day of each month, deliver to the solid waste department a true and correct statement of gross receipts generated during the previous month from its services rendered within the city on or before the last day of each month. Payments of said fee shall be made on a monthly basis to the solid waste department, on or before the last day of each month, representing gross receipts collected the previous month. The franchisee shall on or before 90 days following the close of each fiscal year deliver to the director of solid waste a certified statement of its annual gross receipts and charge-offs generated from accounts within the city prepared by an independent certified public accountant ("CPA"), admitted to practice in the state, reflecting gross receipts within the city for the preceding fiscal year. The CPA statement shall render an unqualified opinion, based on the result of the audit, relative to the franchisee's accounting of all revenues, fees and charge-offs generated from accounts and activities within the city limits. The franchisees will allow city auditors, during regular business hours after reasonable notice, to audit, inspect and examine the franchisees' fiscal books and records and tax returns, insofar as they relate to city accounts, to confirm the franchisees' compliance with this section. In the event the franchisee fails to pay the full franchise fee percentage of the franchisee's total monthly gross receipts, the city shall charge a penalty of one and one half percent per month on the outstanding balance until paid and additionally the franchisee shall have to pay all expenses of collection, including court costs and reasonable attorneys' fees.

(c) To effectively provide for the payment of said franchise fee by the franchisees to the city, any person seeking to renew his/her annual local business tax receipt pursuant to the provisions of chapter 16 of this Code shall, in addition to the requirements set forth therein, provide the city finance department with evidence of all fees imposed by the provisions of this chapter as a condition to reissuance or renewal of said business permit.

(d) Issuance of a franchise shall require city council approval for the franchise referenced in section 23.5-22 of this chapter.

(e) The director of solid waste is authorized to suspend, revoke, or cancel…