Effective date: 12/19/1989

The definitions in Rule 62-701.020, F.A.C., are incorporated herein. In addition, the following words or phrases as used in this rule, unless the context clearly indicates otherwise, have the following meanings:
    (1) “Contract” means a written agreement including a franchise agreement or other legally binding arrangement, between a county or municipality and a person providing solid waste management services within a county’s or municipality’s service area, pursuant to which a county or municipality either provides the revenue paid to an outside contractor or regulates the rates charged by an outside contractor for providing solid waste management services within its service area.
    (2) “County” means a political subdivision of the state established pursuant to s. 1, Article VIII of the State Constitution, and for purposes of this rule includes a special district or other entity which has been granted the power to manage solid waste by special act or interlocal agreement.
    (3) “Department” means the Department of Environmental Protection.
    (4) “Direct costs” means those expenses which are directly attributable to the provision of solid waste management services that would be eliminated if the services were discontinued.
    (5) “Full cost” means the rate charged by the local government to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services.
    (6) “Indirect costs” means those costs resulting from support or staff services provided by one governmental department to other departments or service providers. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal and other staff or departmental services.
    (7) “Municipality” means a municipality created pursuant to general or special law authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of the State Constitution, and for purposes this rule includes a special district or other entity which has been granted the power to manage solid waste by special act or interlocal agreement.
    (8) “Non-residential user” shall have the same meaning as contained in the contract, ordinance, resolution or other such document controlling the provision of solid waste management services within the service area of a county or municipality. Or, if not defined in such documents, “non-residential user” shall mean the owner or tenant of an improved property consisting of a building or structure designed for non-residential (commercial, governmental or industrial) uses.
    (9) “Outside contractor” means a person providing solid waste management services pursuant to a contract with a county or municipality, but does not include employees of that county or municipality.
    (10) “Outside contractor costs” means those solid waste management service costs which are billed or charged directly to a county or municipality or directly to a residential or non-residential user by an outside contractor in compliance with the requirements of a contract with a county or municipality, pursuant to which contract the county or municipality either provides the revenue paid to an outside contractor or regulates the rates charged by an outside contractor for providing solid waste management services within its service area. “Outside contractor costs” shall not include any solid waste management service costs billed or charged directly to a non-residential user by an outside contractor, unless those solid waste management services are required to be provided by the outside contractor under its contract with the county or municipality or the rates for those services are regulated by that contract.
    (11) “Person” means any and all persons, natural or artificial, including any individual, firm or association; any municipal or private corporation organized or existing under the laws of this state or any other state; any county of this state; and any governmental agency of this state or the Federal Government.
    (12) “Residential user” shall have the same meaning as contained in the contract, ordinance, resolution or other such document controlling the provision of solid waste management services within the service area of a county or municipality. Or, if not defined in such documents, “residential user” shall mean the owner or tenant of an improved property consisting of a building, mobile home or portion thereof designed for residential occupancy which is arranged, designed or used as living quarters.
    (13) “Service area” means the area in which a county or municipality provides, directly or by contract, solid waste management services.
    (14) “Solid waste management services” means the process by which solid waste is collected, transported, stored, separated, processed, recycled or disposed of in any other way, according to an orderly, purposeful and planned program.
Specific Authority 403.061, 403.704, 403.7049 FS. Implements Florida Statutes § 403.703, 403.7049. History-New 12-19-89, Formerly 17-708.200.