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d-99-498
6/14/99
ORDINANCE NO.
e
11807
AN EMERGENCY ORDINANCE OF THE. MIAMI CITY
COMMISSION AMENDING CHAPTER 22 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "GARBAGE 'AND OTHER SOLID WASTE,"
RELATING TO THE PROVISION OF SOLID WASTE
SERVICES, FACILITIES, AND PROGRAMS IN TH.F
•CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID
WASTE ASSESSMENTS CONSTITUTE A LIEN 'ON
ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY
WITH THE LIENS OF ALL STATE, COUNTY,
DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS
AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR
LIENS, MORTGAGES, TITLES,, AND CLAIMS;
PROVIDING THAT THE 'SOLID WASTE ASSESSMENTS
MAY BE COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES, AS
AMENDED; MORE PARTICULARLY BY AMENDING
SECTION 22-12 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR INCLUSION IN THE CITY CODE.
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Chapter 22, entitled "Garbage and Other
Sod id Waste," of the Code ' of the City of Miami•, Florida, as
amended, is hereby amended in the following particulars:W
II*
* *
"CHAPTER 22
Garbage and Other Solid Waste
ARTICLE 1.
Sec. 22-12. Waste fees.
IN GENERAL
?✓ Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
11807
•
use the tax bill
adoption_ of the
assessments shall
Y egl]al in
the liens of all state_ county,
distr7.cta, or municap.l taxes and sp ci's] _ assessment:s
Fx,cept as otherwise provided by law, such liens shall
he_ bppe
mortgages, titles, and nlaimq until. paid . the lien for
a s�7 i d waste, asas esament ehsl i he ,deemed perfected sspn'n
adoption by the city mmij i.on_final sgessment
,solid waste assessment _shall he
resal uti en nr the annual rate ,res.nl nt i on, whichever i :;.
applicable The lien for a solid waste. assPgsmenj-
collected under the tTniforrn. Assessment Collection Act
(a) An annual waste fee is hereby assessed upon, all
city serviced residential units as defined in section
22-1 and as set forth herein. These fees shah, apply to
residential units within the city not serviced by
private sanitation companies and shall serve to defray
the cost of waste collection ' and disposal Fffecti.ve
October 1_, 1999, the nit:y may utilize the uniform
methnd of sio]le tinn pursuant to Chapter 197 of the
Fl nri da Statutes, whereby residential 7]nit owners shall
pay for residential soltd waste co11- t-Ji crn services on
•the tax hill, in annnrdanre with the nvi si cans of
Chapter 197 of the Florida S.J-r'r_t11 -ee, as amended. Tf
the r.xty elects, not to iia___t:he tax hill rnl lectior,
method, _-hen r,gne-half of said annual fee amount shall
be due and collectible on January 1 and on July 1 of
each calendar year, beginning January, 1999, as
follows:
Fiscal Year
1998--1999
1999- -2000
2000--2001
2001--2002
Annual Fee
$214.00
216.00
236.00
260.00
2002--2003 266.00
(b) All fees billed shall be due .and collectible .upon
receipt.. The fact that . any residential unit or any
commercial establishment located in the city is
occupied shall be prima facia evidence that garbage -and
other refuse is being accumulated or produced upon such
premises; and temporary vacancy shall not authorize a
refund or excuse the nonpayment of the applicable fee.
Tn the event. the . city eiecf;,q to
nollFssltion method and ppnr the
asese5sment roll, all ao1 i rl waste
-2-
11807
ssha,1 1. attarh 1-n tie property 1.nC.Us1 c1 nrl the assessment
v',elorem taxes impnsed nrtder the. tax roll.
Section 2.
Al]. ordinances or parts of ordinances insofar
as they are inconsistent or i;n conflict with the provisions of
this Ordinance are hereby repealed.
Section 3. if any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 4. ' This Ordinance is hereby declared to be an
emergency -measure on the grounds of urgent public need for the
preservationof peace, health, safety, and property.of the City .
of Miami, and upon the further grounds of the necessity, to make
the required and necessary payment to its employees and
officers, payment of its debts, necessary and required' purchases
of goods and supplies and to•generally carry-on-the.•functions'and
duties of municipal affairs -
Section 5. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Cornmissicn.
Section 6. .it is the intention of the. City Commission ,
that the provisions of this Ordinance shall become and be made a .
part of the Code of the City of Miami, Florida, as amended, which
provisions may be renumbered or• relettered and. that the word
"ordinance" may be changed to "section", "article", or other
118 0 1
•
appropriate word to accomplish such intention.
Section 7. This O'di,nance ' shall become effective
immediately upon its adoption and signature of the Mayor.21
PASSED AND ADOPTED BY TITLE ONLY this 22nd day of
Juno , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Cole Sec. 2-36, sine the Mayor did not indicate approval of
this legislation by signing it In the designated place provided, said Legislation now
becomes effective with the elapse of ten (10) days from the date of •Oommisslon action
rOgarding same, with ixt the Mayor exercising a veto,
ATTEST:
WALTER J. FOEMAN
CITY CLERK
d
APPROVED A TO :'i`•"AND CORRECTNESS:
VILARELLo
TY •, TORNEY
W72 :GKW:BSS.
7/
/ "alter J,
ernra, City lark
If the Mayor does not sign this Ordinance, it shall become
effective at the end of 'ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this' Ordinance, it shall
became effective immediately upon override of. the veto by the
City Commission.
_4
1i807
CITY OF MIAMI, FLORIDA
1NTER-OFFICE MEMORANDUM
I 1
TO:
The Honorable Mayor and
Membe s of the City .Commission
FROM ; knald H. Warshaw
City Manager
DATE
SUBJECT;
REFERENCES;
ENCLOSURES:
JUN 5 (999
FILE :
Uniform Method Of Collection
Solid Waste Residential Acets
RECOMMENDATION
It is respectfully requested that the City Commission approve the anaendnaents, as
proposed, to the Garbage and Other Solid Waste Ordinance (Chapter 22 of the City's Code
of Ordinances). These amendments formalize the action taken by the City Commnission in
January of this year by authorizing the placement of residential solid waste bills on the
property tax bill as a non ad -valorem assessment, Further, this action does not preclude the
City Commission from returning to direct billing should it desire to do so in the future..
BACKGROUND
Currently, solid waste fees are collected through two separate billings per year, The
resolution approved by the City Commission acknowledged the efficiency of eliminating
these two separate billings for consolidation into the property tax bill.
Using this method of collection also allows residents to pay this assessment through their
mortgage company which could expand their payments over a 12-month period versus two
semi-annual payments. Further, for those that do not pay through a mortgage company, the
opportunity to spread the payments quarterly is also afforded through the Comity.
11807
MIAMI DAILY BUSINESS.REVIEW
Published Daily except Saturday, Sunday end
Legal Holidays
Mlaml, Dade County, Florida,
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
5ookie Willlama, who on oath says that she La the Vioe
Prseldent of Legal Advertising of the Miami Deily Business
Review 'Ma Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attaohod copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF MIAMI
ORDINANCE NO. 118O7
In theXXXXX
Court,
wasp blla ed irAd ewspaper In the issues of
Milani further says that the said Miami Dully Busineea
Review Is a newspaper published at Mlaml In said Dade
County, Florida, and that the said newspaper has heretofore
boon conllnuoualy publlched in said Bade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter a! the poet
offloo in Miami In Said Dade County, Florida, for a period of
t preceding the first pubiloation of the attached
rtioomont; and enfant further says that she has
nor promised any parson, firm or corporation
1, rebate oommisslon or refund for the purpose
this a.:=rlisement for pub! cation In the amid
1
day. of
(SEAL)
Sookle Willi
SwoomJo and subscribed balers me this
iy 99
, A.D. 19
pjjssrsanal ' ,, OFFICIAL NOTARY SEAL
J{n#gi'T'sa.H MARMI:F1
F Q CoMMISsION NUMBER
:Iljlt,,r ¢ CC5453B4
MY COMMISSP N EXPIRES
4OP. q Qp13. 12,2000.
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�,i7L1 -i:V(c®i'�C'�'t'eIF22id:i1.dayof:T u.,n,`e'? . --� .s
{nt°resed,persan'Wllrtakdoi<oijln!.'
•
I1le999a,r,tthit_%ItCymmissilbn,of Min,F>oaiothe!p'Ud
..
...
*df: , ••?r. =F ' ,:ORDINANCE NO, 11806 .r .1.. '.- 4`
', AN E;> li£FOENCY`:ORDINANCE!. OF: THE MIAMI hY ;CIT''';','.
'C,OMMISSIONai •ESTABLISHINQ•••A 4IEW ,SPECIA'C;FiE?';.",
• • .VENUE ' 7FUND .ENTITCED;;';16 9 WAG ES•.O ALI•T'ION�'' -r�'
' SLIMMER' CAMP"'AND Ai3i5ROPRIATING FUNDSFORTHEA.''
• OFEI A.T10N OF SAID.PROGRAM IN•THE AMOUNT OF UP. ';
' . TQ'. 50;000, CONSISTING OF A GRANT, FROM THE DADE-
: ,' MONROE WAGES.COALITION;"FURTHI:Ft ;41:1THORtZING r' •
.,'THE CITY` MANAGER -to •FAECUT[;'+T1=IEPNEOESSARY's
tib,CUMEN.TS, INIA' O19MACCEPTADLETO'THIE'CITY'AT-
T0F3I;lE ;'; OR T{HE; :ACCEP t' NCE •OF,' SAID•: GR,yNT; , '
COI:ITAININCI• A:.: ; REPEALER -' PROVISION.'' AND. "A • .
r';SEVEI�ABILI.TY ,_CLAUSE; }•A'f\1D PROVIDINQ .;FUFI :.N . .,I
:;.l;r''' EFFECj'IYF�I.C,A7E F';.•,.r,,,,•6 3a'h ,sy.,,;:a:r;;-.i ,: :'.•;.s., ..�i
iir" —1;. ir'' ' ' ` .' 0RDlMt44GI NO°11 6/ .`itti' +' #'+' '
AN EMERG,ENC`f; ORbll1ANCI apF THE'-'Ev11Af.ip'OITY ' ;'�
:;-Wiy1MI SI.O,N;AMENDING'Oi4APTER:22•OF'TktE'-'CODE.0F:•.' ,
''fr"':?TFFEIQITY OV•MfiQMI.c,FLOFIIDA', AS -AMENDED, ENTITLED r • ii
J�:.'r3',`GAAi3AGE";AND,;OTHEF,t• SOEIbWASTE, ;RELAT,-NG-TO'•,'•'j
`Wr-l'!KHE..-•.PFIOV.LSIOI�I.. ,OF;* ,SCUD. I:WAST.E- .:8q'iI�ES,•: J
I• s: ,:F+4G�JLITI£S.=:AN,D:R.ROGAA ;S"•IN THE CITY'OF :MIQb4J •I
:+:�'r LQFIIt]A;t•PROVIDING:;EHAT' SOLID; WASTE ASSESS-' .
+S::MENT,S;C.ONStJTUTE:I.A;LIEN ON�,4S ES3E'D'':PIOFERTI• '",
.:;,"EQLIAL.IN.RANK•QNP,DIGNITY-WITH THE LIENS OF.At...(!-''
r' 'STAA'f ;Gou ry, pisTRIC.T;:OIL"•MUNft31PAL'7Ak V:AFIDIti•
r..ASSE SSMENTS:.'ANq;•SbPEI31O i 1N• DIGNITY; TO' {AL•2. ''
'e'.<i O.THE-FiRICR„ •I,;E,NS,.., NIC3RT.GAC6E$,' TITLES,,, ANC2: .
1.'. '.•.CEA1M$;m.,pROV1'DING:4, fl AT-THEnt;`,,SOLID' .,1WASTE')'.
,• ASSESSMENTS•,,:MA• .. tBE,'COLLECTED '-PURSUAIcT TO,:
2.'SECTlONS 197'3632ND 1.9f,363$, FLDRIDA.STATUTES'T •
A$ -ANE'EN DEDI- Wil0F3E*wPAHIrldtd EARLY ;811 AME-NDItiPa ^-•
: SECTION '22-12,:'OF 'SAID'..CODE; QDNT,AINiNG A- .. •
'. ' dREPEALE'R•PROVISIDNND ./ SEVEF3AB[JITY CLAUSE;
• PR OVIDING;FOR••AN EFFECTIVE PATE;'AND.'PROVIbINQ "
•FORyINCZUSON'IN THE.OITy.:CODE,;•.- 1;;:,.., ,3,,,• + Z.,::
,'1'. • a ri :I.rrrw1•M1.1 .rs^,]w 'i''.' .nl:. J,, a :.r
z-' i ""• `; -01'D1NANCl:,NO, i'j&01.-s.•' : '• ,'' : ,
,,...'AN O PII�IAJ1O '.QF •TH M1AMI' CITY QOMMISSION,
: AME`�•DING,' THE-n'PUTWRE:'LAND'''Ci E •MAP„pF:THE
':COMF?RtI;IENS/VE NEIGHBORHOOD PLAN BYCHANGING •
"'THE'',,LAND US't^dOESIGi*IA'IQlI��'C F,; TF :.PROPERTY "'
COGATEII AT APPROXICMATELY.276-272,.
'SOIJTMWEST•.' '•''
•-'_'1OTH',ItPiRACE;:"iMIAMI;'•,;'FLCRIIJA 'tFROM MEDIUM ....•
''}A•4bENSiTY'.RES.DENTFAG%TQ`RESTR(CTED"CO MERCIAL; '"
h- MAKING' FINDINGS; DI'RECrIJJG; TRANSMJTTJA.LS•'TtD ''
=`•- 'AFFECTED'• AL ENCIESI ' QONTA1 NING•'•'A";•"REJpEALER • '
w4,ROVISIOr=-ANI)..'11"'.SEVERADRITY''#cIAQ8E;gi•��INl3 ,
'T PROVIDING. FOR AN,EFFEGTNE':N'ATE : `-° :!•-,!• . , ' ' . i, ''• }
Ot2DINANGI NOi 11Ct19 •, .a
.RN, ORDINVANGJ;. OR;''YHE _, Ahl'14M1.161TY COMMISSION j
f • . •Ale1RNDtNG PAOE'Nf'?:'46•0r.T}1E ZON[NQ:ATL•ig5 OR THE, , i
i• •- Olt .tiF MIAMI, FLO,Fl)DA,.B.VV,'011ANG3 ;T
HE ZONING
,-'-CL:ASSIF1CR71op1 1 ROki',R,3-''MULTIFAMIL.Y'.•?'Ev1EDIVIVI• t'.
`•,`'-• DENSITY RESIDE NTIAL.,-TO':O;t;x"RtSTRIC ED5 CONY 1"- 1
:Fr MERGIAt.. FORWr'THE: 'PROPRRTY;4 Li CATEDL''AT; 'A1;_.ou
'Tf iRACEt''";
s.MIAMI,, -FLORIDA; EXCEPT, 'FOR ' A- :ONE,' J QO15:. II-11' t,,^ ,
. PERIMr;TER RUNNINi3-ALONG. TNE,WEST:i,F3OUNDAFWY '
°.;.•',OFF-7RE-!,tI•IRRE)N-.pESCRIBE17°r'PFIOPEh1TY; MAKING! I
;.' •' .FINDINf ; CONTAINING A REPEAL,EFI RROVISJON-rAND-A, y'+•
SEVERABILITY '.0.1,1 JSE;'./JJD PROi iNG-'FOR AN
t'
'.•;:&PEgTIV!"""DATE,,• • -
,' .' AN °ORDINANCEsOF THE. OOMMISSON• ,yAMENDINC-01;jAPTERA OF THE °ODE OF THE.CI'rYOF " r
"• ytIAMI; FLORIDA, AMEN!?ED:,:ENTITLED; •"ALCOHOLIC
rBEVER,4GESr',J0 MODIFY PfIO/ISIONS,RELPTED;TO " .
JRL TAIL'•SPECLALTY ONNTERS, TO- ADD A- DEFINITION,' ' :, ,
' • '• FOR. "CI NTt7R. DESIGN:' DISTRIOT,°: TO,'II+ICLUDE THP. • - ,
.: • CENTRAL•DE9IGN- DISTI;ICr.: xo'AS ANPTrON AREA ,' , ,.
E .•
TO:DISTANCREQIJIAEMENYs,..AND'TO PERMIT FOOT = ;1
ES+rAB uSHMEN:fm. AS SET FORTH. IN SECTION. 4:13." ,
r.
was introduced by Vice Chairman Gort and seconded by Commissioner Sanchez, for adoption as
an emergency measure, and dispensing with the requirement of reading same on two separate
days, was agreed to by the following vote:
AYES:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
V ice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None,
Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner
Sanchez,. adopted said ordinance by the following vote:
AYES:
Commissioner Tomas Regalado .
Commissioner Joo Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairinan-Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None,
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE, NO, 11806
The City Attorney read the ordinance into the public record and announced that copies. were
available to the members of the City Commission and to the public
21. EMERGENCY ORDINANCE: AMEND CODE SECTION 22-12 "GARBAGE AND OTHER
SOLID WASTE," PROVIDE THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN
PROPERTY EQUAL IN LANK AND DIGNITY 'WITH THE LIENS OF ALL STATE, COUNTY,
DISTRICT, OR 11'RJNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO
ALI. OTHER PRIOR LIENS, MORTGAGES TITLES, AND CLAIMS.; PROVIDING THAT
THE SOLID WASTE ASSESSMENTS MAY 33E COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES (PLACE SOLID WASTE BILLS ON TAX
NOTICES).
Chairman Plummer: Item 11. Also, an emergency ordinance requiring a fourhifths vote,
Vice Chairman Gort: Move it.
Chairman Plummer: Garbage and other solid waste relating to the solid waste services for the City. Moved
by Gort, Seconded by Teele, Anyone wishing to dlseuss the item? Item Number 11, Read the ordinance.
Call the roll,
83 Juno 22, I999
An Ordinancc Entitled -
AN EMERGENCY ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 22 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"GARBAGE AND OTHER SOLID WASTE," RELATING TO
THE PROVISION OF SOLID WASTE SERVICES, FACILITIES,
AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA;
PROVIDING THAT SOLID WASTE ASSESSMENTS
CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN
RANK AND DIGNITY WITH THE LIENS OP ALL STATE,
COUNTY, DISTRICT, OR MUNICIPAL TAXES AND
ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER
PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS;
PROVIDING THAT THE .SOLID WASTE ASSESSMENTS MAY
BE COLLECTED PURSUANT TO SECTIONS 197.3632 AND
197.3635, FLORIDA STATUTES, AS ' AMENDED; MORE
PARTICULARLY BY AMENDING SECTION 22.12 OF SAID
CODE; CONTAINING A REPEALER PROVISION. AND A
SEVERAI3ILITY CLAUSE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR .INCLUSION IN THE CITY CODE,
was introduced by Vice Chairman Gort and seconded by Commissioner Teele, for adoption as an
emergency measure; and dispensing with the requirement of reading same on two separate days,
was agreed to by the following vote,
AYES:
NAYS:
ABSENT:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E, Teele, Jr.
V ice. Chairman Wifredo Gort
Chairman J. L. Plummer, Jr,
None,
None,
Whereupon the Commission on motion of' Vico Chairman Gait and seconded by Commissioner
Teele, adopted saki ordinance by the fallowing vote:
AYES:
Commissioner Tomas Regalado
Cormisslorrer Joe Sanchez.
Commissioner Arthur E. Teele, Jr,
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: Nano.
ABSENT: None.
84 June 22, 1999
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11807
The City Attorney read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public
22. DISCUSS / TABLE CONSIDER&TION OF MODEL CITY NET SERVICE STATION, (See
section 065)
Chairman Plummer: As previously .announced, Mr. Teele, Pm going to take up, at 3 o'clock, the Little --
Model Cities NET (Neighborhood Enhancement Team) Office. Its 3 o'clock, sir, and we offered that would
be done at this time,
Vice Chairman Gott It's a companion. Twelve is a companion of 11.
Chairman Plummer: Are they the people -- is 12...
Vice Chairman Gott: Twelve is a companion of 11,
Chairman Plummer: It doesn't so state,
Commissioner 'eele: Can you do it at 3:10?
Chairman Plummer: We said, at 3 p.m., we'd take up Model Cities NET. Nov, do you want to do it now or
later?
Commissioner 'Peeks: At 3:10.
Chairman Plummer: Three ten.
ConmmissionerTeeie: Are there people —are there citizens here from the arer.on that item?
Chairman Plummer: Is there anyone here that's here for the purposes of Item 35, the Model Cities NET
Office Presentation? Mr. Packingham is here. All right, You can waft 10 minutes? So be it.
23. APPROVE INTERGOVERNIVI,I NTAL COOPERATION AGREEMENT, WHICH
REQUESTS AND AUTHORIZES THE PROPERTY APPRAISER TO INCLUDE THE CITY OF
MIAMI NON -AD VALOREM ASSESSMENTS FOR EIRE-RESCUE SERVICES AND
FACILITIES AND SOLID WASTE SERVICES AND FACILITIES ON THE "NOTICE OF
PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON -AD VALOREM
ASSESSMENTS," COMMONLY REFERRED TO AS THE TRIM NOTICE.
Chairman Plummer: All right. !teat 12.
Vice Chairman Gott: Move it.
Chairman Plummer: Item 12 is a resolution on the Fire -Rescue Service and Solid Waste Services and for
the Trim Notice. Now, let's get down to brass tax. !s this the Trim Notice predicated on what stipulated
85 June 22, 1999
The 2016 Florida Statutes
Title XIV Chapter 197 View Entire Chapter
TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS
197.3632 Uniform method for the levy, collection, and enforcement of non -ad valorem
assessments.--
(1) As used in this section:
(a) "Levy" means the imposition of a non -ad valorem assessment, stated in terms of rates,
against all appropriately located property by a governmental body authorized by law to impose
non -ad valorem assessments.
(b) "Local government" means a county, municipality, or special district levying non -ad
valorem assessments.
(c) "Local governing board" means a governing board of a local government.
(d) "Non -ad valorem assessment" means only those assessments which are not based upon
miltage and which can become a lien against a homestead as permitted in s. 4, Art. X of the State
Constitution.
(e) "Non -ad valorem assessment roll" means the roll prepared by a local government and
certified to the tax collector for collection.
(f) "Compatible electronic medium" or "media" means machine-readable electronic
repositories of data and information, including, but not limited to, magnetic disk, magnetic tape,
and magnetic diskette technologies, which provide without modification that the data and
information therein are in harmony with and can be used in concert with the data and information
on the ad valorem tax roll keyed to the property identification number used by the property
appraiser.
(g) "Capital project assessment" means a non -ad valorem assessment levied to fund a capital
project, which assessment may be payable in annual payments with interest, over a period of
years.
(2) A local governing board shall enter into a written agreement with the property appraiser
and tax collector providing for reimbursement of necessary administrative costs incurred under this
section. Administrative costs shall include, but not be limited to, those costs associated with
personnel, forms, supplies, data processing, computer equipment, postage, and programming.
(3)(a) Notwithstanding any other provision of law to the contrary, a local government which is
authorized to impose a non -ad valorem assessment and which elects to use the uniform method of
collecting such assessment for the first time as authorized in this section shall adopt a resolution at
a public hearing prior to January 1 or, if the property appraiser, tax collector, and local
government agree, March 1. The resolution shall clearly state its intent to use the uniform method
of collecting such assessment. The local government shall publish notice of its intent to use the
uniform method for collecting such assessment weekly in a newspaper of general circulation within
each county contained in the boundaries of the local government for 4 consecutive weeks
preceding the hearing. The resolution shall state the need for the Levy and shall include a legal
description of the boundaries of the real property subject to the levy. If the resolution is adopted,
the local governing board shall send a copy of it by United States mail to the property appraiser,
the tax collector, and the department by January 10 or, if the property appraiser, tax collector,
and local government agree, March 10.
(b) Annually by June 1, the property appraiser shall provide each local government using the
uniform method with the following information by list or compatible electronic medium: the legal
description of the property within the boundaries described in the resolution, and the names and
addresses of the owners of such property. Such information shall reference the property
identification number and otherwise conform in format to that contained on the ad valorem roll
submitted to the department. The property appraiser is not required to submit information which
is not on the ad valorem roll or compatible electronic medium submitted to the department. If the
local government determines that the information supplied by the property appraiser is insufficient
for the local government's purpose, the local government shall obtain additional information from
any other source.
(4)(a) A local government shall adopt a non -ad valorem assessment roll at a public hearing held
between January 1 and September 15, or between January 1 and September 25 for any county as
defined in s. 125.011(1), if:
1. The non -ad valorem assessment is levied for the first time;
2. The non -ad valorem assessment is increased beyond the maximum rate authorized by law or
judicial decree at the time of initial imposition;
3. The local government's boundaries have changed, unless all newly affected property owners
have provided written consent for such assessment to the local governing board; or
4. There is a change in the purpose for such assessment or in the use of the revenue generated
by such assessment.
(b) At least 20 days prior to the public hearing, the local government shall notice the hearing by
first-class United States mail and by publication in a newspaper generally circulated within each
county contained in the boundaries of the local government. The notice by mail shall be sent to
each person owning property subject to the assessment and shall include the following information:
the purpose of the assessment; the total amount to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the number of such
units contained within each parcel; the total revenue the local government will collect by the
assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued
against the property which may result in a loss of title; a statement that all affected property
owners have a right to appear at the hearing and to file written objections with the local governing
board within 20 days of the notice; and the date, time, and place of the hearing. However, notice
by mail shall not be required if notice by mail is otherwise required by general or special law
governing a taxing authority and such notice is served at least 30 days prior to the authority's
public hearing on adoption of a new or amended non -ad valorem assessment roll. The published
notice shall contain at least the following information: the name of the local governing board; a
geographic depiction of the property subject to the assessment; the proposed schedule of the
assessment; the fact that the assessment will be collected by the tax collector; and a statement
that all affected property owners have the right to appear at the public hearing and the right to
file written objections within 20 days of the publication of the notice.
(c) At the public hearing, the local governing board shall receive the written objections and
shall hear testimony from all interested persons. The local governing board may adjourn the
hearing from time to time. If the local governing board adopts the non -ad valorem assessment roll,
it shall specify the unit of measurement for the assessment and the amount of the assessment.
Notwithstanding the notices provided for in paragraph (b), the local governing board may adjust
the assessment or the application of the assessment to any affected property based on the benefit
which the board will provide or has provided to the property with the revenue generated by the
assessment.
11(5)(a) By September 15 of each year, or by September 25 for any county as defined in
s.125.011(1), the chair of the local governing board or his or her designee shall certify a non -ad
valorem assessment roll on compatible electronic medium to the tax collector. The local
government shall post the non -ad valorem assessment for each parcel on the roll. The tax collector
shall not accept any such roll that is not certified on compatible electronic medium and that does
not contain the posting of the non -ad valorem assessment for each parcel. It is the responsibility of
the local governing board that such roll be free of errors and omissions. Alterations to such roll may
be made by the chair or his or her designee up to 10 days before certification. If the tax collector
discovers errors or omissions on such roll, he or she may request the local governing board to file a
corrected roll or a correction of the amount of any assessment.
(b) Beginning in 2009, by December 15 of each year, the tax collector shalt provide to the
department a copy of each local governing board's non -ad valorem assessment roll containing the
data elements and in the format prescribed by the executive director. In addition, beginning in
2008, a report shall be provided to the department by December 15 of each year for each non -ad
valorem assessment roll, including, but not limited to, the following information:
1. The name and type of local governing board levying the non -ad valorem assessment;
2. Whether or not the local government levies a property tax;
3. The basis for the levy;
4. The rate of assessment;
5. The total amount of non -ad valorem assessment levied; and
6. The number of parcels affected.
(6) If the non -ad valorem assessment is to be collected for a period of more than 1 year or is to
be amortized over a number of years, the local governing board shall so specify and shall not be
required to annually adopt the non -ad valorem assessment roll, and shalt not be required to
provide individual notices to each taxpayer unless the provisions of subsection (4) apply. Notice of
an assessment, other than that which is required under subsection (4), may be provided by
including the assessment in the property appraiser's notice of proposed property taxes and
proposed or adopted non -ad valorem assessments under s. 200.069. However, the local governing
board shall inform the property appraiser, tax collector, and department by January 10 if it intends
to discontinue using the uniform method of collecting such assessment.
(7) Non -ad valorem assessments collected pursuant to this section shall be included in the
combined notice for ad valorem taxes and non -ad valorem assessments provided for in s. 197.3635.
A separate mailing is authorized only as a solution to the most exigent factual circumstances.
However, if a tax collector cannot merge a non -ad valorem assessment roll to produce such a
notice, he or she shall mail a separate notice of non -ad valorem assessments or shall direct the
local government to mail such a separate notice. In deciding whether a separate mailing is
necessary, the tax collector shall consider all costs to the local government and taxpayers of such a
separate mailing and the adverse effects to the taxpayers of delayed and multiple notices. The
local government whose roll could not be merged shall bear all costs associated with the separate
notice.
(8)(a) Non -ad valorem assessments collected pursuant to this section shall be subject to all
collection provisions of this chapter, including provisions relating to discount for early payment,
prepayment by installment method, deferred payment, penalty for delinquent payment, and
issuance and sale of tax certificates and tax deeds for nonpayment.
(b) Within 30 days following the hearing provided in subsection (4), any person having any right,
title, or interest in any parcel against which an assessment has been Levied may elect to prepay the
same in whole, and the amount of such assessment shall be the full amount levied, reduced, if the
local government so provides, by a discount equal to any portion of the assessment which is
attributable to the parcel's proportionate share of any bond financing costs, provided the errors
and insolvency procedures available for use in the collection of ad valorem taxes pursuant to
s. 197.492 are followed.
(c) Non -ad valorem assessments shall also be subject to the provisions of s. 192.091(2)(b), or
the tax collector at his or her option shall be compensated for the collection of non -ad valorem
assessments based on the actual cost of collection, whichever is greater. However, a municipal or
county government shall only compensate the tax collector for the actual cost of collecting non -ad
valorem assessments.
(9) A local government may elect to use the uniform method of collecting non -ad valorem
assessments as authorized by this section for any assessment levied pursuant to general or special
law or local government ordinance or resolution, regardless of when the assessment was initially
imposed or whether it has previously been collected by another method.
(10)(a) Capital project assessments may be levied and collected before the completion of the
capital project.
(b)1. Except as provided in this subsection, the local government shall comply with all of the
requirements set forth in subsections (1)-(8) for capital project assessments.
2. The requirements set forth in subsection (4) are satisfied for capital project assessments if:
a. The local government adopts or reaffirms the non -ad valorem assessment roll at a public
hearing held at any time before certification of the non -ad valorem assessment roll pursuant to
subsection (5) for the first year in which the capital project assessment is to be collected in the
manner authorized by this section; and
b. The local government provides notice of the public hearing in the manner provided in
paragraph (4)(b).
3. The local government is not required to allow prepayment for capita[ project assessments as
set forth in paragraph (8)(b); however, if prepayment is allowed, the errors and insolvency
procedures available for use in the collection of ad valorem taxes pursuant to s. 197.492 must be
followed.
(c) Any hearing or notice required by this section may be combined with any other hearing or
notice required by this section or by the general or special law or municipal or county ordinance
pursuant to which a capital project assessment is Levied.
(11) The department shall adopt rules to administer this section.
History.—s. 68, ch. 88-130; s. 7, ch. 88-216; s. 8, ch. 90-343; s. 2, ch. 91-238; s. 1013, ch. 95-147; s. 1, ch. 97-66;
s. 1, ch. 2003-70; s. 10, ch. 2008-173; s. 13, ch. 2016-128.
Note. —Section 13, ch. 2008-173, provides that:
"(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to
adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this
act.
"(2) Notwithstanding any other provision of taw, such emergency rules shall remain in effect for 18 months after
the date of adoption and may be renewed during the pendency of procedures to adopt rules addressing the subject
of the emergency rules."
The 2016 Florida Statutes
Title XIV Chapter 197 View Entire Chapter
TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS
197.3635 Combined notice of ad valorem taxes and non -ad valorem assessments;
requirements. —A form for the combined notice of ad valorem taxes and non -ad valorem
assessments shall be produced and paid for by the tax collector. The form shall meet the
requirements of this section and department rules and is subject to approval by the department.
By rule, the department shall provide a format for the form of such combined notice. The form
shall:
(1) Contain the title "Notice of Ad Valorem Taxes and Non -ad Valorem Assessments." The form
shalt also contain a receipt part that can be returned along with the payment to the tax collector.
(2) Contain the heading "Ad Valorem Taxes" within the ad valorem part and the heading "Non -
ad Valorem Assessments" within the non -ad valorem assessment part.
(3) Contain the county name, the assessment year, the mailing address of the tax collector,
the mailing address of one property owner, the legal description of the property to at least 25
characters, and the unique parcel or tax identification number of the property.
(4) Provide for the labeled disclosure of the total amount of combined levies and the total
discounted amount due each month when paid in advance.
(5) Provide a field or portion on the front of the notice for official use for data to reflect codes
useful to the tax collector.
(6) Provide for the combined notice to be set in type that is 8 points or Larger.
(7) Contain within the ad valorem part:
(a) A schedule of the assessed value, exempted value, and taxable value of the property.
(b) Subheadings for columns Listing taxing authorities, corresponding millage rates expressed in
dollars and cents per $1,000 of taxable value, and the associated tax.
(c) A listing of taxing authorities in the same sequence and manner as listed on the notice
required by s. 200.069(4)(a), with the exception that independent special districts, municipal
service taxing districts, and voted debt service millages for each taxing authority shall be listed
separately. If a county has too many municipal service taxing units to list separately, it shall
combine them to disclose the total number of such units and the amount of taxes levied.
(8) Contain within the non -ad valorem assessment part:
(a) Subheadings for columns listing the levying authorities, corresponding assessment rates
expressed in dollars and cents per unit of assessment, and the associated assessment amount.
(b) The purpose of the assessment, if the purpose is not clearly indicated by the name of the
levying authority.
(c) A listing of the levying authorities in the same order as in the ad valorem part to the extent
practicable. if a county has too many municipal service benefit units to list separately, it shall
combine them by function.
(9) Provide instructions and useful information to the taxpayer. Such information and
instructions shall be nontechnical to minimize confusion. The information and instructions required
by this section shall be provided by department rule and shall include:
(a) Procedures to be followed when the property has been sold or conveyed.
(b) Instruction as to mailing the remittance and receipt along with a brief disclosure of the
availability of discounts.
(c) Notification about delinquency and interest for delinquent payment.
(d) Notification that failure to pay the amounts due will result in a tax certificate being issued
against the property.
(e) A brief statement outlining the responsibility of the tax collector, the property appraiser,
and the taxing authorities. This statement shall be accompanied by directions as to which office to
contact for particular questions or problems.
History.—s. 69, ch. 88-130; s. 8, ch. 88-216; s. 30, ch. 2011-151.
The 2016 Florida Statutes
Title XXIX Chapter 403 View Entire Chapter
PUBLIC HEALTH ENVIRONMENTAL CONTROL
403.7049 Determination of full cost for solid waste management; local solid waste
management fees.—
(1) Each county and each municipality shall determine each year the full cost for solid waste
management within the service area of the county or municipality. The department shall establish
by rule the method for local governments to use in calculating full cost. In developing the rule, the
department shall examine the feasibility of the use of an enterprise fund process by local
governments in operating their solid waste management systems,
(2)(a) Each municipality shall establish a system to inform, no less than once a year, residential
and nonresidential users of solid waste management services within the municipality's service area
of the user's share, on an average or individual basis, of the full cost for solid waste management
as determined pursuant to subsection (1). Counties shall provide the information required of
municipalities only to residential and nonresidential users of solid waste management services
within the county's service area that are not served by a municipality. Municipalities shall include
costs charged to them or persons contracting with them for disposal of solid waste in the full cost
information provided to residential and nonresidential users of solid waste management services.
(b) Counties and municipalities are encouraged to operate their solid waste management
systems through use of an enterprise fund.
(3) For purposes of this section, "service area" means the area in which the county or
municipality provides, directly or by contract, solid waste management services. The provisions of
this section shall not be construed to require a person operating under a franchise agreement to
collect or dispose of solid waste within the service area of a county or municipality to make the
calculations or to establish a system to provide the information required under this section, unless
such person agrees to do so as part of such franchise agreement.
(4) Each county and each municipality which provides solid waste collection services, either
through its own operations or by contract, is encouraged to charge fees to each residential and
nonresidential user of the solid waste collection service which vary based upon the volume or
weight of solid waste that is collected from each user.
(5) In order to assist in achieving the municipal solid waste reduction goal and the recycling
provisions of s. 403.706(2), a county or a municipality which owns or operates a solid waste
management facility is hereby authorized to charge solid waste disposal fees which may vary based
on a number of factors, including, but not limited to, the amount, characteristics, and form of
recyclable materials present in the solid waste that is brought to the county's or the municipality's
facility for processing or disposal.
(6) In addition to all other fees required or allowed by law, a county or a municipality, at the
discretion of its governing body, may impose a fee for the services the county or municipality
provides with regard to the collection, processing, or disposal of solid waste, to be used for
developing and implementing a recycling program. For such fees, the local governing body of any
county or municipality may use the non -ad valorem Levy, collection, and enforcement method as
provided for in chapter 197.
(7) This section does not prohibit a county, municipality, or other person from providing grants,
loans, or other aid to low-income persons to pay part or all of the costs of such persons' solid waste
management services.
History.—s. 9, ch. 88-130; s. 13, ch. 93-207; s. 19, ch. 2000-211; s. 5, ch. 2010.143.
DEP 2012 FULL COST ACCOUNTING FOR SOLID WASTE 62-708
MANAGEMENT
CHAPTER 62.708
FULL COST ACCOUNTING FOR SOLID. WASTE MANAGEMENT
TABLE OF CONTENTS
62-708.100 Intent. (Repealed)
�n�vr ...62-708.200 Definitions,
1444 e'4C` 62-708.300 Applicability. (Repealed)
PAGE
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2
3
Pait,`6 . 62-708.400 Determination of the Full Cost of Solid Waste Management. 4
40-6
oadWed' 62-708.500 Public Disclosure of the Full Cost of Solid Waste Management. (Repealed) 4
Effective 2-16-12
DEP 2012
FULL COST ACCOUNTING FOR SOLID WASTE 62-708
MANAGEMENT
. 62-706.100 Intent. (Repealed)
Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented: 403.7049,
FS. History: New 12-19-89, Formerly 17-708.100, Repeated 2-16-1.2.
62-708.200 Definitions.
The definitions in Rule 62-701.020, F.A.C., are incorporated herein. In addition, the
following words or phrases as used in this rule, unless the context clearly indicates
otherwise, have the following meanings:
(1) 'Contract" means a written agreement including .a franchise agreement or
other legally binding arrangement, between a county or municipality and a person
providing solid waste management services within a county's or municipality's service
area, pursuant to which a county or municipality either provides the revenue paid to an
outside contractor or regulates the rates charged by an outside contractor for providing
solid waste management services within its service area.
(2) "County" means a political subdivision of the state established pursuant to
s. 1, Article VI#l. of the State Constitution, and for purposes of this rule includes a special
district or other entity which has been granted the power to manage solid waste by
special act or interiocal agreement.
(3) "Department" means the Department of Environmental Protection.
(4) "Direct costs" means those expenses which are directly attributable to the
provision of solid waste management services that wou[d be eliminated if the services
were discontinued.
(5) "Full cost" means the rate charged by the local government to the end user
for solid waste management services plus any other direct, indirect or outside contractor
costs associated with solid waste management services.
(6) "indirect costs" means those costs resulting from support or staff services
provided by one governmental department to other departments or service providers.
Indirect costs may include, but are not limited to, administration, accounting, personnel,
purchasing, legal and other staff or departmental. services.
(7) "Municipality" means a municipality created pursuant to genera] or special
law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the StateConstitution,
and for purposes this rule includes a special district or other entity which has been
granted the power to manage solid waste by special act or #nterlocal agreement.
(8) "Non-residential user" shall have the same moaning as contained in the
contract, ,ordinance, resolution or other such document controlling the provision of solid
waste management services within the service area of a county or municipality. Or, if
not defined in such documents, "non-residential user" shall mean the owner or tenant of
an improved property consisting of a building or structure designed for non-residential
(commercial, governmental or industrial) uses.
Effective 2-16-12
2
DEP 2012
FULL COST ACCOUNTING FOR SOLID WASTE 62-708
MANAGEMENT
(9) "Outside contractor" means a person providing solid wastemanagement
services pursuant to a contract with a county or municipality, but does not include
employees of that county or municipality.
(10) "Outside contractor costs" means those solid waste management service
costs which are billed or charged directly to a county or municipality or directly to a
residential or non-residential user by an outside contractor in compliance with the
requirements of a contract with a county or municipality, pursuant to which contract the
county or municipality either provides the revenue paid to an outside contractor or
regulates the rates charged by an outside contractor for providing solid waste
management services within itsservice area. "Outside contractor costs" shall not
include any solid waste management service costs billed or charged directly to a non-
residential user by an outside contractor, unless those solid waste management
services are required to be provided by the outside contractor under its contract with the
county or municipality or the rates for those services are regulated by that contract.
(11) "Person" means arty and all persons, natural or artificial, including any
individual, firm or association; any municipal or private corporation organized or existing
under the laws of this state or any other state; any county of this state; and any
governmental agency of this state or the Federal Government.
(12) "Residential user" shall have the same meaning as contained in the
contract, ordinance, resolution or other such document controlling the provision of solid
waste management services within the service area of a county or municipality. Or, if
not defined in such documents, "residential user" shall mean the owner or tenant of an
improved property consisting of a building, mobile home or portion thereof designed for
residential occupancy which is arranged, designed or used as living quarters.
(13) "Service area" means the area in which a county or municipality provides,
directly or by contract, solid waste management services.
(14) "Solid waste management services" means the process by which solid
waste is collected, transported, stored, separated, processed, recycled or disposed of in
any other way, according to an orderly, purposeful and planned program.
Specific Authority: 403.061, 403.704, 403.7049, FS.
Law Implemented: 403.703, 403.7049, FS.
History: New 12-19-89, Formerly 17-708.200.
62-708.300 Applicability, (Repealed)
Rulemaking Authority 403.061, 403.704, 403.7049 FS. Law Implemented: 403.7049,
FS. History: New 12-19-89, Amended 11-11-90, Formerly 17-708.300, Repealed 2-16-
12.
Effective 2-16-12
J&nip
id Po ace
DEP 2012
FULL COST ACCOUNTING FOR SOLID WASTE 62-708
MANAGEMENT
62-708.400 Determination of the Full Cost of Solid Waste Management.
(1) The full cost of solid waste management shall include the rate charged by
the county or municipality to the end user for solid waste management services plus any
other direct, indirect or outside contractor costs associated with solid waste
management services The full cost includes, but is not limitecl_to..the following
elements:
(a) The rate charged to the user by the county and municipality for solid waste
management services, and outside contractor costs.
(b) Any direct or indirect costs of providing the solid waste management
services which are incurred by and funded by or included in the budget of any fund of
the county or municipality which are not included in any user charge.
(2) The disclosure information shall be divided into residential and non-
residential user categories. To the extent the service element is provided directly or by
contract or interlocal agreement, the full cost calculated for each user category shall be
reported separately for the following solid waste management cost elements: solid
waste collection, solid waste disposal and recycling.
(3) All workpapers and the source documents used by the county or
municipality in calculating full cost and a copy of the full cost disclosure shall be
maintained on file for a period of three years by the county or municipality. The file shall
be available for examination by the public and the Department during the normal
business hours of the county or municipality.
(4) Counties which have implemented a countywide special assessment or
other countywide revenue producing mechanism to fund any solid waste management
program or any cost element of such a program shall consider the entire county as its
service area for the purpose of determining and reporting the full costs of that
countywide solid waste program or cost element. Municipalities and other entities that
are included within the service area and receive solid waste management services
which are funded as part of the countywide special assessment or other revenue
producing mechanism shall not include those countywide funded solid waste
management services in their calculation of full cost.
Specific Authority.: 403.061, 403.704, 403.7049, FS.
Law Implemented: 403.7049, FS.
History: New 12-19-89, Formerly 17-708.400.
62-708.500 Public Disclosure of the Full Cost of Solid Waste Management.
(Repealed)
Rulemaking Authority 403.0'61, 403.704, 403.7049 FS. Law Implemented: 403.7049,
FS. History: New 12-19-89, Formerly 17-708.500, Repealed .2-16-12.
Effective 2-16.12
4