§ 11-41. Nonexclusive commercial franchise required to provide commercial collection service.
(a)
General.
(1)
No person shall collect, remove, and transport any commercial solid waste within Polk County unless the county has granted the person a nonexclusive commercial franchise or the person qualifies for an exemption pursuant to subsection (b), below.
(2)
The county will only grant a commercial franchise to those persons who the county determines satisfy all the conditions, standards, qualifications, and other requirements stated in this article IV.
(3)
The term of each commercial franchise shall be no longer than one calendar year. Each commercial franchise shall expire twelve (12) months after the date it is granted.
(4)
A commercial franchise holder shall not assign, transfer or convey its commercial franchise to any party.
(5)
A commercial franchise granted pursuant to this article IV shall be a privilege subject to suspension or revocation and not a property right of the commercial franchise holder.
(6)
The county may suspend or revoke any commercial franchise granted pursuant to this section in accordance with section 11-43, below, or it may change or limit the rights granted, or it may otherwise modify a previously granted commercial franchise whenever the county determines that any such action is appropriate and necessary for the protection of the public health, safety and welfare. The county's suspension or revocation of a commercial franchise shall not be the taking of a property right, an impairment of a commercial franchise holder's contract to collect, remove or transport solid waste, or an infringement on any other right of a commercial franchise holder.
(7)
Persons applying to obtain or to renew a commercial franchise shall pay the applicable application fee stated in subsection (c)(5), below.
(8)
If awarded a commercial franchise, the commercial franchise holder shall pay annual vehicle inspection fees as stated in subsection 11-42(c)(5), below.
(b)
Exemption from commercial franchise requirement. The commercial franchise requirements stated in this article IV shall not apply to the following:
(1)
A municipality;
(2)
A public agency;
(3)
A person collecting and transporting the solid waste generated by their own activities on their own commercial property;
(4)
A person collecting and transporting exempt waste;
(5)
A person that provides landscaping or lawn maintenance services when that person is collecting and transporting horticultural trash from their own job site;
(6)
A builder or contractor when collecting and transporting construction and demolition debris from their own job site;
(7)
An owner of commercial property when collecting and transporting solid waste generated by the occupants of the owner's commercial property while the occupants were on such property;
(8)
A person collecting and transporting source separated recyclable materials (i.e., recyclable materials that were separated from solid waste at the location where the recyclable materials were generated); or
(9)
A person collecting and transporting materials that were discarded or rejected by a recycling facility.
(c)
Commercial franchise applications; application fees.
(1)
A person seeking an initial grant, a renewal, or a modification of a commercial franchise shall submit a completed application form, together with the applicable application fee and all required supporting documents, to the division. The division shall prepare standard application forms that are consistent with the requirements of this article IV and make the forms readily available for distribution to interested persons.
(2)
At a minimum, each initial commercial franchise application form shall require the applicant to provide full and complete information regarding the following matters:
a.
The identity of the applicant, including the identity of the applicant's principals, partners, and management. Any applicant that is an individual must be at least eighteen (18) years old. Any applicant that is a partnership, corporation, or other business entity must be authorized to do business within the State of Florida and must be in good standing with the Florida Department of State, Division of Corporations.
b.
The experience and qualifications of the applicant and of the applicant's personnel with regard to the collection of solid waste.
c.
The applicant's involvement in any litigation, criminal proceedings, or agency enforcement cases as a subject or as a party to such cases or proceedings. Each applicant shall identify and provide relevant information concerning all of the following cases in which the applicant was involved:
(i)
All criminal cases involving a felony conviction or a plea of nolo contendere to a felony charge;
(ii)
All pending and threatened criminal cases involving a felony charge;
(iii)
All cases within the past ten (10) years that resulted in a conviction or adjudication, and all pending cases based on a violation of a local, state, or federal environmental law;
(iv)
All cases within the past five (5) years and all pending cases, based on a violation of a local government ordinance or any contract including, but not limited, to a franchise agreement concerning the collection of solid waste; and
(v)
All cases in which the applicant paid an administrative fine, civil penalty, or liquidated damages in an amount equal to or greater than five thousand dollars ($5,000.00) as a result of the applicant's failure to comply with an ordinance or a contract (including, but not limited, to a franchise agreement) concerning the collection of solid waste.
The applicant also shall provide the information requested in subsection 11-41(c)(2)a. and subsection 11-41(c)(2)b., above, and this subsection 11-41(c) (2)c. for each of the applicant's principals, partners, and officers.
d.
The vehicles, equipment and other physical assets that the applicant will use to collect and transport solid waste. The applicant shall provide a list that identifies the make, model, capacity, size, type, and vehicle identification number of all the vehicles that will be used to provide commercial collection service within Polk County. The applicant shall immediately notify the county if any vehicles are added to or removed from the applicant's fleet. Such notice shall be provided to the county within fourteen (14) days after such changes occur.
e.
The applicant shall provide a list that identifies the frequency of commercial collection service provided to its customers, the identification number, size, capacity, and type of each dumpster, roll cart, roll-off container, and compactor that the applicant will use to collect commercial solid waste.
f.
An acknowledgement and consent that the county shall have the right to inspect the applicant's vehicles, containers, compactors, and other equipment at any time.
g.
The applicant's ability to provide insurance and proof of financial responsibility. Each applicant shall furnish proof of comprehensive general liability insurance in amounts the board shall determine necessary and may revise from time to time as it deems necessary to protect the county's interests, provided that at no time shall such insurance coverage be less than two million dollars ($2,000,000.00) combined single limit for bodily injury and property damage liability per occurrence. As a condition to the grant or the renewal of a commercial franchise, the applicant shall provide the county current, original certificates of insurance satisfactory to the county to evidence such coverage. Additionally, each applicant shall either provide the county current original certificates of insurance satisfactory to the county that evidence the applicant has workers compensation insurance on all its employees, agents and subcontractors in amounts required by Florida Statutes, or it shall provide the county copies of the state waiver of coverage requirements.
h.
The applicant's ability to provide satisfactory commercial collection service to the public. Each applicant shall provide evidence that it has obtained all permits and licenses required by law or ordinance to provide commercial collection service.
i.
A sworn affidavit to the county confirming that:
(i)
There are no unsatisfied judgments pending against the applicant;
(ii)
There are no liens of record filed by the Internal Revenue Service or the State of Florida against the applicant; and
(iii)
During the commercial franchise term, the applicant will comply with all of the requirements in this chapter and with all other applicable laws.
j.
The applicant's indemnification of the county from and against any loss which may result from the applicant, its employees, subcontractors, and agents, failure to perform in compliance with the terms of the commercial franchise and this chapter.
(3)
If a commercial franchise holder has complied with all requirements of this chapter, then it may seek renewal of its commercial franchise by completing and delivering a renewal application with the division and paying the applicable renewal application fee stated in subsection 11-41(c)(5), below. Among other matters, the renewal application form shall require the commercial franchise holder to update all information stated in its initial application form, furnish updated insurance certificates that evidence all required insurance coverage remains in force and effect, and shall include a sworn affidavit form by which the commercial franchise holder shall affirm its past and continued compliance with the requirements of this chapter. If a commercial franchise holder who intends to continue providing commercial collection service fails to file a renewal application on or before thirty (30) days prior to the date its commercial franchise expires, then, in addition to the renewal application fee stated in subsection 11-41(c)(5), below, the commercial franchise holder shall also pay a late fee equal to ten (10) per cent of the renewal application fee. The commercial franchise holder shall bear the risk that the commercial franchise may not be renewed on or before its expiration. If a commercial franchise expires before it can be renewed, the commercial franchise holder shall not provide commercial collection service until a new franchise is issued. The division shall review a renewal application in the manner described in subsection 11-41(d), below.
(4)
If during the term of a commercial franchise circumstances require the commercial franchise holder to seek a modification or amendment of its commercial franchise, then the commercial franchise holder must submit an application to the division requesting a modification to the franchise. The division shall review a commercial franchise modification application in the manner described in subsection 11-41(d), below.
(5)
The initial commercial franchise application fee is seven hundred fifty dollars ($750.00). the initial annual renewal commercial franchise application fee is five hundred dollars ($500.00). The initial commercial franchise modification application fee is five hundred dollars ($500.00). The board may hereafter from time to time by a duly adopted resolution revise the initial application fee amounts and any subsequently established application fee amounts.
(d)
Application submittal; division review and recommendation.
(1)
Upon receipt of an application and applicable fee, the division shall review the application and all supporting documents to determine whether the application satisfies the following criteria:
a.
The application meets all requirements stated in this section 11-41;
b.
The application is consistent with the county's solid waste management program; and
c.
The issuance of a commercial franchise to the applicant is consistent with public health, safety, and welfare.
(2)
If the division determines that an application satisfies all the criteria stated in subsection 11-41(d)(1), above, then the division shall recommend that the board approve the application. The division may include within its recommendation any specific conditions to the commercial franchise it reasonably determines appropriate to ensure continued compliance with the criteria stated in subsection 11-41(d)(1), above. Prior to delivering any application approval recommendation to the board that will include conditions on the commercial franchise, the division shall deliver written notice to the applicant via certified U.S. mail, return receipt requested, stating the proposed conditions.
(3)
If the division determines that an application fails to satisfy one or more of the criteria stated in subsection 11-41(d)(1), above, then the division shall deliver written notice to the applicant by certified mail, return receipt requested, stating the specific reasons for its determination. Within sixty (60) days after receipt of the notice, the applicant may amend its application to address the matters stated in the notice and resubmit the amended application to the division for further consideration. No additional application fees will be assessed if the applicant timely resubmits an amended application. Any new, amended or supplemented application submitted more than sixty (60) days after receipt of the division's notice must be accompanied by an application fee in the amount provided in subsection 11-41(c)(5), above.
(e)
Board action. Upon receipt of the division's recommendation pursuant to subsection 11-41(d), above, the board shall determine whether to grant the applicant a commercial franchise without conditions, grant the applicant a commercial franchise with conditions, or deny the application based upon its determination whether the application satisfies the criteria stated in subsection 11-41(d)(1), above.
(Ord. No. 13-069, § 4-1, 12-17-13)