Florida League of Cities

Local Government Solid Waste and Recycling Collection Services (Oppose) – FAILED 

SB 1944 (Baxley) and CS/CS/HB 1241 (Hawkins) address local governments’ contractual remedies against a solid waste or recycling vendor if the vendor fails to perform under the contract with the local government. SB 1944 prohibits local governments from seeking liquidated damages, administrative fees, or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state or federal emergency. SB 1944 also caps the amount of liquidated damages, administrative fees or other similar charges that may be sought against a waste or recycling company to 50% of the amount billed to the customer for collection services at the daily rate. CS/CS/HB 1241 would prohibit a local government from assessing liquidated damages against a vendor that misses a scheduled collection during a declared emergency, so long as the vendor provides the missed collection service within 36 hours of the scheduled service. If the vendor fails to provide the collection service after 36 hours, the local government is not required to pay for that service. The bill does not apply to missed collections that are due to the fault of the vendor, and the bill does not apply to contracts or contractual provisions for the collection of storm-generated yard trash. Both bills apply to contracts executed or renewed on or after July 1, 2022. (O’Hara)