§ 16-2. Findings.

It is hereby ascertained, determined, and declared that:

(1)

Pursuant to article VIII, section 1(f) of the Florida Constitution, and sections 125.01 and 125.66, Florida Statutes, the board has all powers of self-government to perform county functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances and related resolutions.

(2)

Pursuant to section 403.706(1), Florida Statutes, the county has the responsibility and authority to provide for the designation and operation of solid waste management facilities to meet the needs of all the incorporated and unincorporated areas within the county.

(3)

The regulation of the collection and disposal of solid waste generated within the county serves a public purpose and promotes the health, safety, and welfare of the citizens of Marion County.

(4)

The existence of any building, dwelling unit, or similar improvement on assessable property results in such property generating solid waste or being capable of generating solid waste.

(5)

The county's solid waste systems, services, and facilities enhance the uses and increase the enjoyment of the assessable property.

(6)

Section 125.01(1)(q), Florida Statutes, provides legislative authorization by general law for counties to establish a municipal service benefit unit for all or any part of the unincorporated area within its boundaries, or within the municipal boundaries of an incorporated area upon consent of the governing body of the affected municipality.

(7)

The creation of a municipal service benefit unit by the board is pursuant to and consistent with the county's constitutional home rule power and the statutory power granted in section 125.01(1)(q), Florida Statutes.

(8)

The imposition of an annual solid waste assessment is an equitable and efficient method of allocating and apportioning the solid waste cost among parcels of assessable property within the county.

(9)

The annual solid waste assessment to be imposed and levied pursuant to this chapter shall constitute a non-ad valorem assessment within the meaning of applicable law, which may be billed, collected and enforced pursuant to the Uniform Assessment Collection Act.

(10)

The solid waste assessment to be imposed and levied pursuant to this chapter is imposed and levied by the board, not the clerk, property appraiser, or tax collector. The duties of the clerk, property appraiser, and tax collector are set forth under the Uniform Assessment Collection Act, pursuant to which these state constitutional officers perform both ministerial and discretionary duties.

(11)

The purpose of chapter 16, article II, is to implement the provision by the county of solid waste systems, services and facilities by: (1) providing procedures and standards for the imposition and levy of a solid waste assessment within any municipal service benefit unit created and established by the county by resolution, or within both the incorporated and unincorporated areas of the county, under the general home rule power of a county to impose and levy special assessments supplemental to the county's discretionary authority to create a municipal service benefit unit, and (2) authorizing a procedure for the funding of solid waste systems, services and facilities by imposing and levying non-ad valorem assessments to pay for the resulting special benefits peculiar to residential property, apportioned fairly and reasonably, within the county.

(12)

The solid waste collection and disposal systems, services, and facilities furnished or made available by the county provide special benefits peculiar to the assessed property. Such special benefits to the assessed property include: (1) the proper, safe, and cost-effective disposal of solid waste generated on the assessed property; (2) better service to the owners and tenants of the assessed property; (3) the environmentally responsible use and enjoyment of the assessed property; (4) the protection of the economic value of the assessed property resulting from the delivery and availability of such systems, services, and facilities, and (5) the potential for decreased insurance premiums.

(13)

The provision of comprehensive solid waste collection and disposal systems, services and facilities furnished by or through the county to assessed property enhances and strengthens the relationship of such systems, services and facilities to the use and enjoyment of assessed property within the county.

(14)

This chapter does not require the county's citizens to subscribe to a residential collection service provided by a franchise holder. Nonetheless, the board anticipates that in the future the county will be divided into one or more geographic areas that will be designated for the mandatory ("universal") use of residential collection services — i.e., each resident in the designated area(s) will be required to use a residential collection service provided by one of the franchise holders, but each resident will be free to select the franchise holder of their choice.

(15)

For many years the county has used a franchise system to license and regulate any person that wished to provide collection service in the county. The enactment of this chapter is intended to continue the county's use of its licensing program and shall not be construed as creating a new program for the purposes of section 403.70605(3), Florida Statutes, or otherwise.

(Ord. No. 07-35, § 1, 12-12-2007)