Agenda 04/14/2009 Item #16C 4
Agenda Item No. 16C4
April 14, 2009
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Resolution of the Board of County Commissioners
expressing opposition to proposed Florida House Bill 5121, which would impose a
new solid waste disposal "tipping fee" of $1.25 per ton on any owner of a permitted
solid waste facility for solid waste disposed at the disposal site.
OBJECTIVE: To have the Board of County Commissioners approve the attached
Resolution expressing opposition to Florida House Bill 5121 (H,B. 5121), which
proposes the imposition ofa new solid waste disposal fee of $1.25 per ton on any owner
ofa permitted solid waste facility for solid waste disposed at the disposal site.
If approved by the Board of County Commissioners, the Resolution will be transmitted to
members of the Collier County legislative delegation, the Senate President and House
Speaker, the Office of the Governor, the Florida Association of Counties, and the Florida
League of Cities.
CONSIDERATION: The House Natural Resources Appropriations Committee passed
PCB-NRAC-09-02 on April 2, 2009, which includes the following provision:
403.7062 Solid waste disposal fee. --
(I) For the privilege of engaging in business, a fee for each ton of solid waste disposed of
at a permitted solid waste management facility is imposed on the owner of such facility
within this state. The "owner" includes private entities, governmental entities, special
districts, or other entities authorized to own or operate solid waste management facilities.
For purposes of this fee, solid waste management facilities include Class I landfills, Class
III landfills, construction and demolition debris disposal facilities, and land clearing
debris disposal facilities. Such fee shall be imposed at the rate of $1.25 for each ton of
solid waste received at the facility. The fee imposed shall be paid to the Department of
Revenue on or before the 20th day of every month following the month in which the solid
waste is received at the facility. [Emphasis added.]
(2)(a) The fee imposed by this section must be paid to the Department of Revenue by
electronic funds transfer and must be accompanied by a form prescribed by the
Department of Revenue and initiated by the owner of the facility through electronic data
interchange. The proceeds of the solid waste disposal fee, less administrative costs, shall
be deposited into the General Revenue Fund.
(b) For the purposes of this section, "proceeds" of the fee means all funds collected and
received by the department hereunder, including interest and penalties on delinquent fees.
The amount deducted for the costs of administration must not exceed 3 percent of the
total revenues collected hereunder and may include only those costs reasonably
attributable to the fee.
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Agenda Item No. 16C4
April 14. 2009
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(3)(a) The Department of Revenue shall administer, collect, and enforce the fee
authorized under this section pursuant to the same procedures used in the administration,
collection, and enforcement of the general state sales tax imposed under chapter 212,
except as provided in this section. The provisions of this section regarding the authority
to audit and make assessments, keeping of books and records, and interest and penalties.
on delinquent fees apply. The fee shall not be included in the computation of estimated
taxes pursuant to s. 212.11 nor shall the dealer's credit for collecting taxes or fees in s.
212.12 apply to this fee.
(b) The Department of Revenue is authorized to adopt rules and prescribe and publish
such forms as are necessary to effectuate the purposes of this section. The Department of
Revenue is authorized to establish audit procedures and to assess delinquent fees.
PCB NRAC 09-02 is now referenced as House Bill 5121 and is on the April 7 agenda for
the Full Appropriations Council on General Government and Health Care.
H.B. 5121 has many impacts and consequences that should be considered, including:
The proposed solid waste disposal fee is imposed on Collier County for providing an
essential life sustaining service required under Florida law. This is equal to imposing a
similar fee on local governments tor providing fire and police services.
While the proposed solid waste disposal fee will be imposed on Collier County, the cost
will be "passed through" to the solid waste facility users, which makes the proposed solid
waste disposal fee essentially a tax on the residents and businesses in Collier County.
The proposed solid waste disposal fee will be paid to the State Department of Revenue
and deposited into the State's General Revenue Fund. As a result, it is very unlikely that
the proposed solid waste disposal fee will be used for any purpose related to solid waste
management.
The Florida Legislature has enacted Section 403.7032, Florida Statutes, which provides a
statewide goal of reducing the amount of disposed recyclable solid waste by 75 percent
by 2020. It is likely that achieving this goal (currently the highest recycling goal of any
state) will place an additional financial burden on Collier County.
Solid waste may be transported to more than one permitted solid waste disposal facility
before ultimate disposal. To manage this activity will require a sophisticated tracking
system, which furthers the administrative burden and could result in the payment of solid
waste disposal fee more than once.
FISCAL IMPACT: If House Bill 512] is enacted, the fiscal impact to Collier County
would be approximately $350,000 based on FY20 I 0 disposal tonnage projections. It
should be noted that the fiscal impact is not a one-time payment, rather it would be paid
annually and the payment is likely to increase in value in future years.
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Agenda Item No. 16C4
April 14, 2009
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GROWTH MANAGEMENT IMP ACT: There IS no grow1h management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed for legal sufficiency and
there are no outstanding legal considerations. This item is not quasi-judicial, and no ex
parte disclosures are required. This item requires a simple majority vote. -JW
RECOMMENDATION: That the Board of County Commissioners approve the
attached Resolution expressing opposition to Florida House Bill 5121, which imposes a
new solid waste disposal fee of $1.25 per ton on any owner of a pennitted solid waste
facility for each ton of so lid waste disposed at the disposal site.
If approved by the Board of County Commissioners, it is further recommended that the
attached Resolution be transmitted to members of the Collier County legislative
delegation, the Senate President and House Speaker, the Office of the Governor, the
Florida Association of Counties, and the Florida League of Cities.
PREPARED BY: Mary Jo Thurston, Waste Reduction and Recycling Manager, Solid
Waste Management Department
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Agenda Item No. 16C4
April 14. 2009
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C4
Item Summary:
Recommendation to approve a Resolution of the Board of County Commissioners,
expressing opposition to proposed Florida House Bill 5121, which would impose a new solid
waste disposal "tipping fee" of $1_25 per ton on any owner of a permitted solid waste facility
for solid waste disposed at the disposal site
Meeting Date:
4/14/200990000 AM
Prepared By
Mary Jo Thurston
Waste Reduction & Recycling Manager
Date
Public Utilities
Solid Waste Department
4/7/200911:03:58 AM
A pproved By
Mary Jo Thurston
Waste Reduction & Recycling Manager
Dale
Public Utilities
Solid Waste Department
4/7/2009 11: 00 AM
Approved By
Linda Best
Compliance Manager
Date
Public Utilities Division
Solid Waste Management Department
4/7/200911:14 AM
Approved By
Joseph Bellone
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
4/7/200911:16 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
4/7/200911:22 AM
Approved By
Margie Hapke
Public Information Coordinator
Date
Public Utilities
Public Utilities Administration
4/7/200911:43 AM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/7/200911:43 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/7/20092:00 PM
Approved By
James W. Delany
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/7/2009 2:01 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
4/7/20092:03 PM
Approved By
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Agenda Item No. 16C4
April 14. 2009
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Randy Greenwald
ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
4/7/20092:44 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/7/20094:33 PM
Agenda Item No. 16C4
April 14, 2009
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RESOLUTION NO. 2009-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, URGING MEMBERS OF THE FLORIDA
LEGISLA TURE AND FLORIDA'S GOVERNOR TO OPPOSE PROPOSED
FLORIDA HOUSE BILL 5121, RELATING, AMONG OTHER THINGS, TO A
PROPOSED STATE "TIPPING" FEE OF $1.25 PER TON FOR SOLID WASTE
DISPOSAL AT PERMITTED SOLID WASTE MANAGEMENT FACILITIES,
AND ANY SIMILAR PROPOSED FLORIDA BILL, AND DIRECTING THAT
THIS RESOLUTION BE FORWARDED TO THE COLLIER COUNTY
LOCAL LEGISLATIVE DELEGATION; THE SENATE PRESIDENT AND
HOUSE SPEAKER; FLORIDA'S GOVERNOR; THE FLORIDA
ASSOCIATION OF COUNTIES; AND THE FLORIDA LEAGUE OF CITIES.
WHEREAS, on April 2, 2009, the House Natural Resources Appropriations Committee
passed PCB NRAC 09-02, which requires a solid waste disposal "tipping" fee in the amount of
$1.25 for every ton of solid waste accepted by a landfill; and
WHEREAS, the bill has since been renamed as House Bill 5121 (H.B. 5121); and
WHEREAS, the Board of County Commissioners ("Board") wishes to express its
opposition to H.B. 5121 and the new solid waste disposal fee; and
WHEREAS, if passed, H.B. 5121 would impose a virtual tax on local governments for
providing an essential governmental service, as local governments are required to provide solid
waste services under Florida Law; and
WHEREAS, it is important to recognize that not all materials brought to a landfill are
brought for final disposition, as some materials are used beneficially, or are recovered from
landfills for recycling or energy production; and
WHEREAS, the proposed "tipping fee" is essentially a tax that will be passed on to the
residents and businesses of Collier County to enable Collier County to operate the Collier
County Landfill; and
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Agenda Item No. 16C4
April 14, 2009
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WHEREAS, Fiscal Year 2010 projections of tonnage to the Landfill are approximately
280,000 tons, and based on this projection, the proposed legislation would result in a burden to
the residents and businesses of Collier County of approximately $350,000.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and
correct, and are hereby incorporated herein as an integral part of this Resolution;
2. The Board opposes H.B. 512], and any other substantially similar Florida Legislation,
and urges all members of the Florida legislature and the Florida Governor to oppose and
defeat the proposed House Bill and any other similar Florida legislation;
3. The County Manager, or his designee, is hereby directed to immediately distribute a copy
of this Resolution to all members of Collier County's local legislative delegation, the
Senate President and House Speaker, Florida Governor Charlie Crist, the Florida
Association of Counties, and the Florida League of Cities; and
4. This Resolution shall be effective upon its adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 14th day of April, 2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form
and al sufficiency:
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Je E right
As' ant County Attorney
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