Fla. Admin. Code Title 54 — Interlocal Agencies

Division 54A Aucilla Area Solid Waste Management Administration

Chapter 54A-1 ORGANIZATION

Fla. Admin. Code R. 54A-1.001 Organization

There is hereby organized a regional solid waste management administration under the authority of Chapter 163.01, F.S., pursuant to a properly executed interlocal agreement, which shall be known as the SUWANNEE VALLEY SOLID WASTE MANAGEMENT ADMINISTRATION, a voluntary association of counties consisting of Columbia, Dixie, Hamilton, Jefferson, Lafayette, Madison, Suwannee and Taylor. The organization chart for the administration shall be as shown below.

ORGANIZATION CHART FOR THE SUWANNEE VALLEY SOLID WASTE MANAGEMENT ADMINISTRATION

GOVERNING BOARD

EXECUTIVE DIRECTOR

STAFF

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.002 Definitions

As used in these rules:

(1) “Administration” means the Suwannee Valley Solid Waste Management administration, the entity which shall administer or own the solid waste management system.

(2) “Board” means the Suwannee Valley Solid Waste Management Administration Governing Board, which board is appointed by the counties to operate the administration.

(3) “Counties” means all the counties which are parties to the interlocal agreement used in forming the administration.

(4) “County” means a county which is a party to the interlocal agreement used in forming the administration. For purposes of that agreement, any right or power which may be exercised by a county shall be exercised by the Board of County Commissioners of that county.

(5) “Executive Director” means the executive director of the Suwannee Valley Solid Waste Management Administration, who is the person employed by the board to direct the administration’s operations, supervise the staff and administrative procedures, carry out the functions, duties and responsibilities assigned by the board, execute and enforce policies adopted by the board, hire, appoint and remove such other employees as the board may authorize.

(6) “Member” means an individual serving on the board.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.003 Powers and Purposes

(1) The administration shall have and possess all powers and authorities enumerated in the interlocal agreement under which the administration is created and such other powers as are enumerated in Section 163.01, F.S. (1987).

(2) The purpose of the administration is to effectively, efficiently and economically dispose of the solid waste generated within the counties and to provide associated services related to solid waste management.

(3) The administration shall build, construct or cause to be built or constructed, a solid waste management system which complies with federal and Florida law.

(4) The administration has the authority to contract with individual counties or cities within those counties to provide technical assistance and associated solid waste services upon request.

(5) Upon the request of any county the administration shall levy a surcharge in an amount to be determined by the county on that county’s tipping fee. All funds so collected, less any costs incurred by the administration in their collection, shall be forwarded to the county on a monthly basis.

(6) The administration shall have the right to receive and accept in furtherance of its functions, funds, grants and services from federal, state and local governments or their agencies and from private and community sources, and to expend therefrom such sums of money in accordance with the purposes enumerated above.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.004 Membership, Representation, Voting and Finances

(1) One member, who shall be a county commissioner, shall be appointed by each individual county. In the event said member is unable to attend a meeting, the county may appoint an alternate who shall be a county commissioner and who shall have all the rights, powers and duties of the member.

(2) Each member shall serve until removed or replaced by his respective appointing county.

(3) Each member shall have one vote on matters considered by the board.

(4) Members shall serve without salary. Members may be reimbursed by their individual counties for travel expenses and other expenses incurred in carrying out their duties in the same manner as state employees are reimbursed pursuant to Section 112.061, F.S. (1987).

(5) The fiscal year of the administration shall run from October 1 through September 30 each year.

(6) The counties shall contribute funds on an equal basis in an amount sufficient to cover the expenses of the board until the solid waste management system becomes operational and begins generating revenue.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.005 Board

(1) There shall be a board composed of all voting representatives of the counties as provided in the interlocal agreement under which the administration was created.

(2) Powers of the board shall be as stated in these rules and in the interlocal agreement under which the administration was created.

(3) The board shall adopt an annual budget to take effect on October 1 of each year.

(4) The board shall secure an annual external audit by a qualified certified public accountant with copies of the audit report being made available to all the counties.

(5) The board shall meet as often as it deems necessary to carry out the purposes of the administration but in no event less than once every three (3) months. Additional meetings shall be upon call of the chairman or any three (3) members.

(6) The board may hold its meetings at such places as it may determine.

(7) Written notice of board meetings shall be mailed to each member at the member’s address, as it appears on the records of the administration, at least seven days prior to the meeting. The notice shall state the time, place and object of the meeting and the business to be transacted.

(8) A majority of the board shall constitute a quorum at any board meeting. When a quorum is present, the majority of the votes cast shall decide any question, other than rules revision or amendment brought to a vote before the board.

(9) All meetings, workshops or hearings of the board or any board committee shall be open to the general public.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.006 Officers, Duties, Term of Office

(1) The members of the board shall elect a chairman, vice-chairman and secretary-treasurer to serve as officers for a period of 1 year or until re-elected or a successor is elected. Newly elected officers shall be declared installed immediately following the election.

(2) The officers shall perform the duties enumerated below and other duties prescribed by the board:

(a) The chairman shall preside at meetings of the board; sign, with the countersignature of the secretary-treasurer, as authorized by the board, any contracts or other instruments which the board deems in the administration’s best interest; and perform such other duties incident to the office as may be prescribed by the board.

(b) The vice-chairman shall assist the chairman in the performance of the chairman’s duties, and either in the absence of the chairman or in the event of the chairman’s inability or refusal to act, shall have the powers and shall perform the duties of the chairman.

(c) The secretary-treasurer shall keep minutes of the meetings and the records of the board; attest the signatures of board officers; and see that notices are duly given in accordance with the provisions of these rules or as required by law.

(d) The secretary-treasurer shall periodically review the financial needs of the administration and at least quarterly, report to the board regarding its financial condition. The secretary-treasurer shall also monitor and report on the expenditure of funds for compliance with actions authorized by the board.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.007 Waiver of Notice

Whenever any notice is required to be given under the provisions of the rules to any member, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated herein, shall be deemed equivalent thereto.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.008 Disclosure; Legal Defense

(1) All members of the administration shall comply with the provisions of Chapter 112, Part III, F.S., relating to standards of conduct for public officials and employees, particularly those portions requiring disclosure of private interests for public officials and employees, and those portions requiring that no official use his position to secure special privilege or exemption for himself and others.

(2) When any member, executive director or staff shall be sued individually as a result of activities connected with his association with the administration, the board shall provide funds for the legal defense of the affected member or staff so long as that person has acted in good faith within the limits of his responsibility and authority. Upon written request present to the chairman, the board, at its next meeting, shall make a determination of good faith, solely for purposes of deciding whether the administration shall finance the legal defense of the member, executive director or staff. Should the board determine that the member, executive director or staff has acted in good faith within the limits of his responsibility and authority, the board shall obligate the administration to provide financial resources in an amount to be determined by the board to defend any member, executive director or staff against whom legal action has been taken.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.009 Amendments

These rules may be altered, amended or added to by vote of the board provided that:

(1) Notice of the proposed changes shall normally contain a full statement of the proposed amendments.

(2) The proposed amendments are placed on the agenda of the next scheduled meeting following such presentation.

(3) The proposed written changes are mailed to all members at least 7 days prior to the meeting at which a vote is held.

(4) Members may propose relevant changes from the floor to any proposed amendment under consideration on the agenda.

(5) The board adopts the proposed amendments by a two-thirds majority vote of the members present at the board meeting.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.010 Proxy

Voting by proxy will not be allowed. Voting members must be present to cast a vote.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.011 Removal from Office

Should a member have three consecutive absences from board meetings the board shall so advise the appropriate governmental unit and request another appointment.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.012 Adoption

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88, Repealed 11-23-88.

Fla. Admin. Code R. 54A-1.013 Dissolution

Dissolution of the administration shall be as provided for in the interlocal agreement used in forming the administration.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.014 Procedure

Unless otherwise provided for by these rules, the interlocal agreement used in forming the administration or model rules of organization, practice and procedure included in Chapters 28-1 through 28-8, F.A.C., Robert’s Rules of Order, as revised, shall rule.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Fla. Admin. Code R. 54A-1.015 Information Inquiries and Public Access

The principal office of the Suwannee Valley Solid Waste Management Administration is located in the Suwannee County Courthouse, Live Oak, Florida. The office hours are Monday through Friday, from 8:00 a.m. to 5:00 p.m. All official forms, publications and documents of the Suwannee Valley Solid Waste Management Administration are available for public inspection at the administration’s principal office during regular business hours. Persons wishing photocopies may receive same at the prevailing cost per sheet.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 8-23-88.

Division 54C Lake Apopka Natural Gas District

Chapter 54C-1 TARIFF

Fla. Admin. Code R. 54C-1.001 Tariff

The full text of the tariff is set forth in Resolution number 2010-02 adopted by the Board of Commissioners of Lake Apopka Natural Gas District on April 26, 2010, which is hereby incorporated herein in its entirety by reference.

History

• Rulemaking Authority Section (12), Chapter 99-454, Laws of Florida, 1999. Law Implemented Chapter 99-454, Laws of Florida, 1999. History–New 8-11-99, Amended 5-13-01, 2-11-04, 10-2-06, 7-27-10.

Division 54B New River Solid Waste Association

Chapter 54B-1 ORGANIZATION

Fla. Admin. Code R. 54B-1.001 Organization

There is hereby organized a regional solid waste association under the authority of Chapter 163.01, F.S., pursuant to a properly executed interlocal agreement, which shall be known as the NEW RIVER SOLID WASTE ASSOCIATION, a voluntary association of counties consisting of Baker, Bradford and Union. The organization chart for the association shall be as shown below.

ORGANIZATION CHART FOR THE NEW RIVER SOLID WASTE ASSOCIATION

GOVERNING BOARD

SUPERINTENDENT

STAFF

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.002 Definitions

As used in these rules:

(1) “Association” means the New River Solid Waste Association, the entity which shall administer or own the solid waste management system.

(2) “Board” means the New River Solid Waste Association Governing Board, which board is appointed by the counties to operate the association.

(3) “Counties” means Baker, Bradford and Union Counties, collectively.

(4) “County” means a county which is a party to this agreement. For purposes of this agreement, any right or power which may be exercised by a county shall be exercised by the Board of County Commissioners of that county.

(5) “Member” means an individual serving on the board.

(6) “Region” means the geographic area encompassed by Baker, Bradford and Union counties.

(7) “Solid Waste Superintendent” means the solid waste superintendent of the New River Solid Waste Association, who is the person employed by the board to direct the association’s operations, supervise the staff and administrative procedures, carry out the functions, duties and responsibilities assigned by the board, execute and enforce policies adopted by the board, hire, appoint and remove such other employees as the board may authorize.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.003 Powers and Purposes

(1) The association shall have and possess all powers and authorities enumerated in the interlocal agreement under which the association is created and such other powers as are enumerated in Section 163.01, F.S. (1987).

(2) The purpose of the association is to effectively, efficiently and economically dispose of the solid waste generated within the counties and to provide associated services related to solid waste management.

(3) The association shall build, construct or cause to be built or constructed, a solid waste management system which complies with federal and Florida law.

(4) In addition to the disposal of solid waste, the association has the authority to contract with an individual county or cities within the region or facilities operated by the Department of Corrections within the region to provide technical assistance and associated solid waste services upon request.

(5) Upon the request of any county the association shall levy a surcharge in an amount to be determined by the county on that county’s tipping fee. All funds so collected, less any costs incurred by the association in their collection, shall be forwarded to the county on a monthly basis.

(6) The association has the right to receive and accept in furtherance of its functions, funds, grants and services from federal, state and local governments or their agencies and from private and community sources, and to expend therefrom such sums of money in accordance with the purposes enumerated above.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.004 Membership, Representation, Voting and Finances

(1) Each county shall appoint two county commissioners to be members of the board. Each county shall further designate three county commissioners as alternate members who shall act on behalf of any of its appointees unable to perform board functions. Alternate members shall have all the rights, duties and responsibilities as board members.

(2) Each member shall serve until removed or replaced by his respective appointing county.

(3) Each member shall have one vote on matters considered by the board.

(4) Members shall serve without salary. Members may be reimbursed by their individual counties for travel expenses and other expenses incurred in carrying out their duties in the same manner as state employees are reimbursed pursuant to Section 112.061, F.S. (1987).

(5) The fiscal year of the administration shall run from October 1 through September 30 each year.

(6) The counties shall contribute funds in an amount sufficient to cover the expenses of the association until the solid waste management system becomes operational and begins generating revenue. The funds to be contributed by each county shall be in accordance with the formula included in the interlocal agreement used in forming the association.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.005 Board

(1) There shall be a board composed of all voting representatives of the counties as provided in the interlocal agreement under which the association is created.

(2) Powers of the board shall be as stated in these rules and in the interlocal agreement under which the association is created.

(3) The board shall adopt an annual budget by June 15 of each year to take effect on October 1 of that year.

(4) The board shall secure an annual external audit by a qualified certified public accountant with copies of the audit report being made available to all the counties.

(5) The board shall meet as often as is necessary to carry out the purposes of the association but in no event less than once every 3 months. Additional meetings shall be upon call of the chairman or any 3 members.

(6) The board has the authority to hold its meetings at such places as it shall determine.

(7) Written notice of board meetings shall be mailed to each member at the member’s address, as it appears on the records of the association, at least 7 days prior to the meeting. The notice shall state the time, place and object of the meeting and the business to be transacted.

(8) A quorum shall consist of a minimum of 4 members of the board.

(9) All meetings, workshops or hearings of the board or any board committee shall be open to the general public.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.006 Officers, Duties, Term of Office

(1) The members of the board shall elect a chairman, vice-chairman and secretary-treasurer to serve as officers for a period of one year or until re-elected or a successor is elected. Newly elected officers shall be declared installed immediately following the election.

(2) The officers shall perform the duties enumerated below and other duties prescribed by the board:

(a) The chairman shall preside at meetings of the board; sign, with the countersignature of the secretary-treasurer, as authorized by the board, any contracts or other instruments which the board deems in the association’s best interest; and perform such other duties incident to the office as may be prescribed by the board.

(b) The vice-chairman shall assist the chairman in the performance of the chairman’s duties, and either in the absence of the chairman or in the event of the chairman’s inability or refusal to act, shall have the powers and shall perform the duties of the chairman.

(c) The secretary-treasurer shall be responsible for keeping minutes of the meetings and the records of the board; attesting the signatures of board officers; and seeing that notices are duly given in accordance with the provisions of these rules or as required by law.

(d) The secretary-treasurer shall be responsible for periodically reviewing the financial needs of the administration and, at least quarterly, reporting to the board regarding its financial condition. The secretary-treasurer shall also be responsible for monitoring and reporting on the expenditure of funds for compliance with actions authorized by the board.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.007 Waiver of Notice

Whenever any notice is required to be given under the provisions of the rules to any member, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated herein, shall be deemed equivalent thereto.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.008 Disclosure; Legal Defense

(1) All members of the association shall comply with the provisions of Chapter 112, Part III, F.S., relating to standards of conduct for public officials and employees, particularly those portions requiring disclosure of private interests for public officials and employees, and those portions requiring that no official use his position to secure special privilege or exemption for himself and others.

(2) When any member, superintendent or staff shall be sued individually as a result of activities connected with his relationship with the association, the board shall provide funds for the legal defense of the affected member or staff so long as that person has acted in good faith within the limits of his responsibility and authority. Upon receiving a written request, the board, at its next meeting, shall make a determination of good faith, solely for purposes of deciding whether the association shall finance the legal defense of the member, superintendent or staff. Should the board determine that the member, superintendent or staff has acted in good faith within the limits of his responsibility and authority, the board shall obligate the association to provide financial resources in an amount to be determined by the board to defend any member, superintendent or staff against whom legal action has been taken.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.009 Amendments

These rules may be altered, amended or added to by vote of the board provided that:

(1) Notice of the proposed changes shall normally contain a full statement of the proposed amendments.

(2) The proposed amendments are placed on the agenda of the next scheduled meeting following such presentation.

(3) The proposed written changes are mailed to all members at least 7 days prior to the meeting at which a vote is held.

(4) Members may propose relevant changes from the floor to any proposed amendment under consideration on the agenda.

(5) No amendment shall occur unless it is agreed upon by an affirmative vote of at least 5 members of the board.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.010 Proxy

Voting by proxy will not be allowed. Voting members must be present to cast a vote.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.011 Removal from Office

Should a member, with no apparent justifiable reason, have three consecutive absences from the regularly scheduled board meetings, the board shall so advise the appropriate governmental unit.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.012 Adoption

These rules shall become effective 20 days after being filed with the Florida Department of State.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.013 Dissolution

Dissolution of the association shall be as provided for in the interlocal agreement used in forming the association.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.014 Procedure

Unless otherwise provided for by these rules, the interlocal agreement used in forming the association or model rules of organization, practice and procedure included in Chapters 28-1 through 28-8, F.A.C., Robert’s Rules of Order, as revised, shall rule.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.

Fla. Admin. Code R. 54B-1.015 Information Inquiries and Public Access

The principal office of the New River Solid Waste Association is located in the Bradford County Courthouse, Starke, Florida. The office hours are Monday through Friday, from 8:00 a.m. to 5:00 p.m. All official forms, publications and documents of the New River Solid Waste Association are available for public inspection at the association’s principal office during regular business hours. Persons wishing photocopies may receive same at the prevailing cost per sheet.

History

• Rulemaking Authority 120.53, 120.54, 163.01 FS. Law Implemented 120.53, 120.54, 163.01 FS. History–New 10-16-88.