§ 16-47. Application for a franchise.

(a)

Any person wishing to obtain a franchise shall submit an application to the director, using the forms provided by the county. At a minimum, the application shall include the following information:

(1)

A statement of whether the franchise application is for commercial collection service, residential collection service, or both.

(2)

The applicant's name, address, and telephone number. In the case of corporations, partnerships and other business entities, this information also shall be provided for each person having a controlling financial or management interest in the business. Corporations whose stock is publicly traded by registered securities dealers shall be exempt from this requirement upon a showing that adequate information is available through filings with state or federal agencies responsible for regulating securities; however, such corporations shall provide the requested information for all employees and representatives that will be responsible for the corporation's operations in the county. Each corporation shall provide documentation identifying the state in which it is incorporated, whether it is authorized to do business in Florida, whether it is its currently active, whether it is doing business under any fictitious names, and such other information as may be reasonably required by the county to adequately identify the corporation. Corporations that own or have a controlling interest in an applicant shall be identified, and shall provide the same information that is required of the applicant. For purposes of this section, ownership of fifty (50) percent or more of the applicant shall be deemed ownership of a controlling interest. Partnerships shall provide a copy of the partnership agreement, any amendments thereto, and any fictitious names under which the partnerships are doing business. Other business entities shall provide comparable information concerning their organization.

(3)

Information regarding all criminal convictions of the applicant, parent organization, or subsidiaries, including information regarding any charges to which the applicant has pled nolo contendre (no contest) or for which an adjudication of guilt has been withheld or for which charges are pending at the time of the application. Corporate and partnership applicants shall provide the same information for the persons required to provide personal information pursuant to subsection (a)(2), above. The requirements of this paragraph apply to all cases, regardless of when and where the criminal events occurred.

(4)

Information regarding: (a) violations of any laws, rules, or regulations concerning the protection of the environment, or the public health, safety, or welfare; (b) any lawsuits filed against the applicant by any local government or other person concerning the collection or disposal of solid waste; (c) any lawsuits filed by the applicant against a local government; (d) any cases in which the applicant paid actual damages, liquidated damages, or penalties to a local government or other person as a result of the applicant's collection or disposal of solid waste; and (e) any cases in which the FDEP or another environmental agency filed a notice of violation or took other enforcement action against the applicant, including but not limited to cases where the applicant entered into a consent order. The requirements of this paragraph apply to all cases that are pending or occurred within the last five (5) years.

(5)

Information regarding the applicant's experience with regard to the collection of solid waste. The application shall state whether the applicant has owned or operated a business involving the collection or disposal of solid waste in Florida or any other state and, if so, whether the applicant's right to engage in such business was ever revoked or suspended. If the applicant is a corporation or other business entity that has little or no prior experience involving the collection of solid waste, the applicant may provide relevant information concerning the experience of the owners, operators, and agents of the applicant. The applicant shall provide contact information for each local government that issued a franchise or similar authorization to the applicant for the collection of solid waste within the last five (5) years.

(6)

Information regarding the applicant's equipment. The applicant shall provide a description of and identification number for each vehicle that the applicant will use to provide collection service. If the applicant's equipment will not be acquired until the franchise is granted, the applicant shall provide copies of the contracts for acquiring equipment and documents demonstrating the applicant's financial capability to acquire the equipment. Applicants shall demonstrate that any vehicles and equipment to be utilized will meet industry standards and the requirements of this article.

(7)

The applicant shall provide its business plan. The applicant shall generally identify how, where, and when the applicant will provide collection service. The applicant shall estimate the number of customers it will be serving within six (6) months if the applicant receives a franchise.

(8)

The applicant shall provide a current audited financial statement or, if no audited statement is available, other financial documents demonstrating that the applicant has sufficient financial assets to operate the proposed franchise.

(9)

The applicant shall provide documents demonstrating that the applicant will be able to provide a performance bond to the county in compliance with section 16-42, above.

(10)

The applicant shall provide documents demonstrating that the applicant has or will be able to obtain: (i) workers' compensation coverage in compliance with chapter 440, Florida Statutes, and applicable law; (ii) motor vehicle liability coverage of not less than one million dollars ($1,000,000.00) per person, one million dollars ($1,000,000.00) per occurrence for bodily injury, and one million dollars ($1,000,000.00) per occurrence for property damage liability; and (iii) comprehensive general liability coverage of not less than one million dollars ($1,000,000.00) per occurrence for bodily injury and one million dollars ($1,000,000.00) per occurrence for property damage liability. The county shall be named as an additional insured for the general liability insurance. The insurance companies must be authorized to do business in Florida.

(11)

Any other information demonstrating the applicant has the ability and resources to provide an appropriate level of service to its customers.

(12)

A nonrefundable application fee of one thousand dollars ($1,000.00).

(b)

The director shall review the application and advise the applicant if any additional information is required. After the director receives all of the necessary information, the director shall prepare a report to the board and provide a copy to the applicant. The report and the application shall be submitted to the board at a public hearing, as provided in section 16-48. If the applicant fails to provide the information requested by the director, the director may deny the application, without scheduling a public hearing.

(c)

When an applicant receives notice from the director that the review of its application is complete, the applicant shall publish a notice in a newspaper of general circulation in the county, stating that such application has been filed and the applicant intends to present the application to the board at a public hearing. The newspaper notice shall be published at least ten (10) days before the public hearing. The newspaper notice shall state the date, time, and place of the public hearing.

(d)

An applicant may appeal any of the director's determinations to the board within ten (10) calendar days after receiving notice of the director's determination.

(Ord. No. 07-35, § 1 (§ 16-39), 12-12-2007)