§ 16-51. Revocation of franchise.

(a)

A new franchise shall expire one hundred eighty (180) calendar days after the franchise takes effect, unless the franchise holder demonstrates to the director that the franchise holder is providing collection service to a significant number of customers.

(b)

A franchise in existence on the effective date of this article shall expire on June 1, 2008, unless the franchise holder demonstrates to the director that the franchise holder is providing collection service to a significant number of customers.

(c)

If a franchise holder fails to submit a timely and adequate customer list before the deadlines identified in (a) and (b), above, the director shall send a letter by certified mail to the franchise holder, notifying the franchise holder that the franchise shall expire unless the director receives a customer list and any necessary supporting information within ten (10) business days. If the director does not receive the requested information in a timely manner, the director shall send notice to the franchise holder by certified mail that the franchise may be revoked by the board. The notice shall provide the franchise holder with the date, time, and place of the public hearing when the board will consider the revocation of the franchise.

(d)

A franchise may be revoked by the board if the franchise holder or its officers, employees, or agents commit a major violation of this article, major violations are defined as follows:

(1)

Disposal of solid waste generated outside of the county at a county solid waste management facility, without the prior written approval of the director;

(2)

Commission of any act which results in a threat to the public health, safety, or welfare;

(3)

Abandonment of service for a period of more than thirty (30) days;

(4)

Failure to provide collection service to a significant number of customers within one hundred eight (180) days after the issuance of a franchise or by June 1, 2008, whichever is later;

(5)

Commission of any act of fraud or deceit relating to or involving the franchise application, the franchise, or the franchise services;

(6)

Attempts to bribe any elected official or employee of the county;

(7)

Failure to correct a minor violation, as described below, after fifteen (15) days' notice from the county;

(8)

Commission of three (3) or more minor violations, as described below, within any twelve-month period;

(9)

Failure to pay disposal fees to the county within thirty (30) days after the date when the fees became due, unless other arrangements had been made in advance with the county in writing;

(10)

Failure to accurately report the gross receipts associated with the collection of commercial waste;

(11)

Failure to pay franchise fees to the county within thirty (30) days after the date when the fees became due;

(12)

Failure to maintain insurance in the amounts and subject to the conditions described in subsection 16-47(a)(10).

(13)

Failure to maintain a performance bond in compliance with the requirements in subsection 16-42;

(14)

Failure to maintain complete, current and accurate records, and the failure to make such records available to the county; and

(15)

Any material violation of applicable law.

(e)

Any violation of this article, or the rules and regulations promulgated under this article, which is not defined above as a major violation, shall be deemed a minor violation for the purposes of this section 16-51.

(f)

If the board determines that an imminent threat to the public health, safety, or welfare exists as a result of a franchise holder's failure to comply with this article, the board may revoke the franchise after giving the franchise holder ten (10) days' written notice. In all other cases, the board shall provide at least twenty (20) days' notice of the date, time and place of a public hearing to be held concerning the revocation of the franchise. A copy of the notice shall be served upon the franchise holder by certified mail, return receipt requested, or by service by the sheriff or other law enforcement officer, in the manner permitted for process in the circuit courts. The board may, for good cause, enlarge and extend the time for service. If proper notice of the hearing has been provided, the board's revocation hearing may be conducted without the attendance of the franchise holder.

(g)

At the hearing, the county shall have the burden of showing by competent substantial evidence that (1) a major violation was committed by the franchise holder or (2) the franchise should be revoked to protect the public health, safety, and welfare. The county and the franchise holder shall be entitled to present evidence and argument on all issues involved and to submit rebuttal evidence. All testimony shall be recorded. Any member of the board, the county attorney, any attorney appointed to represent the county in presenting the evidence justifying revocation, and the franchise holder or the attorney representing the franchise holder shall be permitted to inquire of any witness before the board. Formal rules of evidence shall not apply, but fundamental due process shall be observed. Hearsay, irrelevant, immaterial or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of its affairs shall be admissible, whether such evidence would be admissible in a trial in the courts of the state.

(h)

At the conclusion of the hearing, the board shall make a determination, based solely on the evidence in the record, and shall enter such orders as may be appropriate. Appeals from any final orders entered by the board shall be by certiorari to the circuit court in accordance with the Florida Rules of Appellate Procedure.

(i)

Notwithstanding the provisions of this section 16-51, a franchise holder that violates any of the provisions of this article or applicable law may also be subject to fines and penalties imposed by the code enforcement board, criminal prosecution, and other enforcement proceedings.

(Ord. No. 07-35, § 1 (§ 16-43), 12-12-2007)