Florida Statutes
Fla. Stat. § 403.713 (2025)
Ownership and control of solid waste and recovered materials.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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403.713 Ownership and control of solid waste and recovered materials.—
(1) Nothing in this act or in any local act or ordinance shall be construed to limit the free flow of solid waste across municipal or county boundaries provided such solid waste is transported or disposed of pursuant to the provisions of this part. However, any local government that undertakes resource recovery from solid waste pursuant to general law or special act may control the collection and disposal of solid waste, as defined by general law or such special act, which is generated within the territorial boundaries of such local government and other local governments which enter into interlocal agreements for the disposal of solid waste with the local government sponsoring the resource recovery facility.
(2) Any local government which undertakes resource recovery from solid waste pursuant to general law or special act may institute a flow control ordinance for the purpose of ensuring that the resource recovery facility receives an adequate quantity of solid waste from solid waste generated within its jurisdiction. Such authority shall not extend to recovered materials, whether separated at the point of generation or after collection, that are intended to be held for purposes of recycling pursuant to requirements of this part; however, the handling of such materials shall be subject to applicable state and local public health and safety laws.
Notes of Decisions
Cited in 4
cases, 1994–1999 · leading case: C & a Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994).
C & a Carbone, Inc. v. Town of Clarkstown, 511 U.S. 383 (1994). “7, § 6406(31) (1991); Fla. Stat. § 403.713 (1991); Haw. Rev. Stat.”
Coastal Carting Ltd., Inc. v. Broward Cnty., Fla., 75 F. Supp. 2d 1350 (S.D. Fla. 1999). “3 Each Contract Community and County for the unincorporated area agrees to enact prior to March 31, 1987, a waste flow control ordinance as set forth in Section 403.713, Florida Statutes... directing that all solid waste generated within their respective geographic boundaries be…”
City Env't Servs. Landfill, Inc. of Florida v. Holmes Cnty., 677 So. 2d 1327 (Fla. 1st DCA 1996). “” It argued that by allowing Allison “to act as both an advocate and a decision-maker,” the county had deprived it of procedural due process and that the application denial “constituted a substantial departure from the essential requirements of law in that it violated the…”
City Env't Servs. v. Holmes, 677 So. 2d 1327 (Fla. 1st DCA 1996). “" It argued that by allowing Allison "to act as both an advocate and a decision-maker," the county had deprived it of procedural due process and that the application denial "constituted a substantial departure from the essential requirements of law in that it violated the…”
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