§ 49-23. Regulation of collectors.

(a)

Certification card required; standards. Unless operating under a franchise agreement with the county, it shall be unlawful for any person to provide residential or commercial collection service in the unincorporated areas of the county without obtaining a certification card. Each collector shall be required to obtain a certification card and each vehicle of a collector which provides residential or commercial collection service shall have prominently displayed on such vehicle a notification of the issuance of such card. The certification card shall be issued by the county administrator. The standards for obtaining a certificate card shall be as follows:

(1)

Any individual who desires to obtain a certification card from the county shall be at least 18 years old. A partnership, corporation or other business entity must be in current good standing with the Florida Department of State, division of corporations.

(2)

No certification card shall be issued to any person who has been found to have committed a crime involving moral turpitude, or has committed a felony of this or any other state or of the United States, or to a partnership, association or corporation in which any of the officers, partners or directors have been so found. An adjudication of guilt shall not be necessary for a finding that a crime has been committed.

(3)

The applicant shall provide evidence that he, at his own expense, has obtained all permits and licenses required by law or ordinance required to provide residential collection service and shall maintain the same in full force and effect.

(4)

The applicant shall provide a list of vehicles by size and type, including the vehicle identification number, that will be used to provide the residential collection service. The applicant shall notify the county of any changes in equipment within 14 days. The county shall have the right to inspect the vehicles at any time.

(5)

The applicant must sign a sworn affidavit that all residential solid waste collected shall be disposed [of] at a sanitary landfill, except as otherwise permitted under section 49-21, and that the applicant will comply with all standards and provisions of this chapter.

(6)

All applicants for a certification card must demonstrate that such applicants are financially responsible. The applicant shall provide a sworn statement to the county that:

a.

There are no unsatisfied judgments against the applicant resulting from the collection or disposal of any solid waste as defined in this chapter.

b.

There are no liens of record by the Internal Revenue Service or the state corporate tax division against any business or any organization the applicant is qualifying.

(7)

Each applicant shall agree to indemnify the county from any loss which may result from the failure of the applicant to perform the applicant's responsibilities under the terms of the franchise contract.

(8)

The applicant shall furnish proof that general liability insurance under which the limits of liability are not less than $1,000,000.00 for each incident is maintained with an insurance company licensed to do business in the state. Each holder of a certification card shall furnish evidence of the above-described insurance prior to having that holder's certificate card renewed each year.

(9)

Prior to the issuance of a certification card, every applicant shall show proof that the requirements of the worker's compensation law in the state have been met. Each holder of a certification card shall furnish evidence that the requirements of the worker's compensation law of the state have been complied with prior to having the applicant's certification card renewed each year.

(b)

Term of certification. The term of the certification card shall be from October 1 to September 30 of the next calendar year. Prior to the expiration of the certification, the collector may renew the certification card by filing an affidavit with the county indicating continued compliance with the requirements of subsection (a) of this section.

(c)

Additional requirements. A certification card shall be conditioned upon the collector complying with the following additional requirements:

(1)

Assignment of certification card. The collector shall not assign the certification card to any person without the prior written approval of the county administrator. A transfer during the term of a franchise contract of more than 25 percent of the issued or outstanding stock of the collector or any corporation which holds more than 50 percent of issued and outstanding stock of the collector shall constitute an assignment for the purposes of this section. Likewise, during the term of a franchise contract, any transfer of the voting rights attendant to 25 percent or more of the issued or outstanding stock of the collector shall constitute an assignment for the purposes of this section. In the event of such assignment, the collector shall cause its assignee to execute an agreement of acceptance, subject to the approval of the county administrator, evidencing that such assignee accepts the assignment subject to all of the terms, conditions and limitations imposed by this section on the holder of a certification card, and which acceptance shall include an affirmative statement agreeing to such terms, conditions and limitations evidencing such assignee's intent to fulfill the obligations imposed upon the collector under this article.

(2)

Interlocking directorships. No person shall serve on the board of directors or as an officer or own any interest in two or more collectors providing residential or commercial collection service within the county or any corporation which holds more than 50 percent of the issued and outstanding stock of any collector.

(3)

Certification of compliance. Each collector shall annually certify in writing to the county administrator that the collector and its officers and stockholders have not violated any of the provisions of this subsection (c) and are in compliance with the remaining provisions of this section.

(d)

Exempt and construction waste. A person collecting any exempt waste shall be required to obtain a certification card prior to collecting such waste and shall comply with all provisions of this section. The applicant for a building permit which has elected to collect and dispose of construction waste pursuant to section 49-28 shall be exempt from the requirement of obtaining a certification card.

(e)

Yard trash. Persons who provide lawn care or lawn maintenance for residential property and transport all grass and yard trash from such property to a sanitary landfill shall be exempt from the provisions of this section.

(f)

Uniform books and accounts. The collector shall keep uniform books and accounts as indicated below and adhere to filing times as required. The collector shall submit to the board by May 15 of each year an audited financial statement, limited to the operations authorized by the franchise contract, on the accrual basis of accounting, of its operations during the preceding fiscal year which began October 1 and ended September 30, prepared by a certified public accountant licensed by the state. The collector shall also submit to the board at that time a detailed explanation of allocation methods (for general administrative or other costs which are allocated to the direct cost of operation). Extensions of the filing deadline may be granted by the board in its sole discretion. All books and records, accounts, statements, and reports shall be prepared and maintained in conformity to reasonable standards established by the board. Should no standards be adopted by the board, generally accepted accounting principles shall apply. Audited annual financial reports shall, at a minimum, include standard audit report statements, which include, at a minimum, balance sheet and the related statements of income, retained earnings, cash flows for the fiscal year then ended. Separate income statements for residential collection service and commercial collection service may be required by the board. The county shall have the right to audit the books and accounts at any time during normal business hours upon giving reasonable notice to the collector as to the time and place of such audit.

(g)

Franchise collectors. Any collector operating under a county-issued franchise or pursuant to a collection agreement wherein the county is a party shall be exempt from the requirements of this section so long as the franchise or contract remains in effect.

(Ord. No. 98-06, § 23, 8-13-98)