§ 106-53. Powers of the county.

In addition to powers which it may now have, the county shall have the power under this division to:

(1)

Construct, acquire, improve, maintain and operate or contract with persons for the construction, operation and maintenance of a solid waste disposal and resource recovery system within the territorial boundaries of the county, and territory adjacent thereto, and to acquire by gift, purchase or the exercise of the right of eminent domain, lands or rights in lands, and any other property, real or personal, tangible or intangible, necessary, desirable or convenient, for such purposes.

(2)

Operate and maintain or contract for the operation and maintenance of such solid waste disposal and resource recovery system for its own use and for the use and benefit of its inhabitants, persons, firms, corporations, municipalities, political subdivisions, or other public agencies or bodies located within the territorial boundaries of the county or territory adjacent thereto, who shall use the facilities and services of such solid waste disposal and resource recovery system, and to enter into contracts or agreements for the disposal of garbage and other waste matter with any such persons, firms, corporations, municipalities, political subdivisions or other public agencies or bodies.

(3)

Compel the inhabitants, persons, firms, corporations, municipalities, political subdivisions or other public agencies or bodies located within the territorial boundaries of the county to use such system for solid waste disposal.

(4)

Prohibit the operation or maintenance of solid waste disposal systems or facilities by any person, firm, corporation, municipality, political subdivision, state agency, or public or private body within the territorial boundaries of the county, except as operated or maintained by agreement with the county or by license or permit from the county in a manner authorized by this division.

(5)

Finance, in whole or in part, as authorized by the state constitution, the cost of the construction, acquisition or improvement of such solid waste disposal and resource recovery system, including the construction, acquisition and operation of electrical energy generating facilities, by any means and subject to such limitations as may be provided by law, including but not limited to the issuance of bonds, revenue certificates and other obligations of indebtedness. The issuance of such bonds, revenue certificates, or other obligations of indebtedness by the county may bear interest at such rate, without limitation, as may be established by the board of county commissioners.

(6)

Employ and enter into agreements or contracts with consultants, advisors, engineers, attorneys or fiscal, financial or other experts for the planning, preparation, supervision and financing of the solid waste disposal and resource recovery system or any part thereof upon such terms and conditions as to compensation and otherwise as the board of county commissioners shall deem desirable and proper.

(7)

Prescribe, fix, establish and collect fees, rentals or other charges (sometimes referred to in this division as "revenues") for the facilities and services furnished by the solid waste disposal and resource recovery system, or any part thereof, either heretofore or hereafter constructed or acquired on a self-supporting, cost recovery basis; provided, however, that such fees, rentals or other charges, or any revision thereof, shall be fixed and established by resolution of the board of county commissioners only after notice of a public hearing shall have been published at least twice, with the first publication at least 20 days prior to such public hearing, in a newspaper of general circulation published in the county.

(8)

Enter into contracts for the sale of resources and energy recovered in the operation of the solid waste disposal and resource recovery system and to apply the revenues derived therefrom to the expenses of operating and maintaining such solid waste disposal and resource recovery system, including all debt service and other related system costs.

(9)

Use any right-of-way, easement, lands underwater or other similar property rights necessary, convenient or desirable in connection with the construction, acquisition or improvement or operation or maintenance of such solid waste disposal and resource recovery system held by the state or any political subdivision thereof, and the state hereby consents to such use whenever necessary to carry out the purposes of this division.

(10)

Grant exclusive or nonexclusive franchises to persons for the operation of solid waste disposal and resource recovery system for terms not to exceed the amortization period for the major investment and, in any event, not in excess of 30 years; to provide for the issuance of licenses or permits to persons for the collection of solid waste in the unincorporated area of the county; to impose such conditions to such franchises as shall include but not be limited to standards of service, rate regulation, area of population, and franchise fee for the privilege of operating under the franchise; to provide that the franchise shall have no value as to the unexpired term of the franchise in the event of condemnation; to provide in such franchise the right of acquisition by condemnation and to provide such other conditions of such franchise as shall be reasonable and necessary.

(11)

Require all persons, lands (including municipalities and other political subdivisions), buildings and premises in the county to use the facilities and services of the solid waste disposal and resource recovery system in all cases deemed necessary or desirable by the board of county commissioners for the public health and safety of the county and the inhabitants thereof.

(12)

Require that any existing solid waste disposal facility be restricted to disposal of specified types or amounts of solid waste when such restriction is deemed by the board to be necessary to guarantee the amount of solid waste to be processed by the solid waste disposal and resource recovery system in the following instances:

a.

To meet the design capacity of the system.

b.

To meet contractual obligations of the county entered into pursuant to Laws of Fla. ch. 75-487, and this division.

Nothing in this section shall be construed to prohibit or limit private waste collectors from extracting from the waste they collect any materials that may have value to such collectors for purposes of recycling, reuse, or resale.

(Laws of Fla. ch. 75-487, § 4; Laws of Fla. ch. 78-604, § 2; Laws of Fla. ch. 80-589, §§ 2, 3)