Sec. 380.603. - Definitions.

The definitions in Section 380.102 , Ordinance Code, apply to this Part unless otherwise indicated. Additionally, the following terms listed in alphabetic order, where used in this Part, shall have the meanings ascribed to them in this Section, unless different meanings are clearly indicated by the context. When not inconsistent with the context, words, used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is always mandatory. Application means a request for a franchise, or for transfer of an existing franchise. City means the City of Jacksonville, Florida. City Department means the Office of Administrative Services. Commercial establishments means all commercial establishments, including, but not being limited to, motels, hotels, apartments and trailer parks, stores, office buildings, restaurants, service stations and garages, laundries and cleaning establishments, schools, churches and synagogues, and all other places not classed as residential premises under Chapter 382 , Ordinance Code, which produce or accumulate solid waste, including adjacent unimproved property. Construction and demolition debris has the meaning provided in F.S. § 403.703(17), as may be amended. Contract hauler means any person who provides residential solid waste collection and transportation services and is party to a valid, current and unrevoked contract for residential solid waste collection and disposal services executed by the City pursuant to Chapter 382 , Ordinance Code. Council means the City Council of Jacksonville, Florida. County means Duval County, Florida. Customer means a person provided or to be provided any type of solid waste collection service under a franchise. Department means the Department of Environmental Protection of the State of Florida or any successor agency performing a like function. Designated place of business means the business office address of each franchisee, which office shall be in operation during normal hours of business and available by telephone for the processing of complaints, payments for services and normal inquiries, and shall be located within the boundaries of the County. Director means the Manager of the Office of Administrative Services. Exempt waste means yard trash and other organic materials delivered to a recycling facility, recycled and which qualifies for credit toward the County's recycling goals established pursuant to F.S. § 403.706; recovered materials and construction and demolition debris; the residue that remains after recovered materials and construction and demolition debris are processed by a recycling facility provided that each quarter 80 percent by weight of the processed materials are recycled; treated and untreated biohazardous waste; waste the disposal of which are prohibited in Florida landfills pursuant to F.A.C. 62-701.300(10); and, hazardous waste or hazardous substances disposed of at a permitted hazardous waste disposal facility. Franchise means the right of a franchisee, granted pursuant to this Part, to collect and transport nonresidential solid waste within the City. Franchise fee has the meaning given in subsection 380.608 (b) hereof. Franchisee means a private waste hauler who signs a franchise agreement with the City pursuant to this Part for the collection of nonresidential solid waste and who pays a franchise fee, as provided in a franchise agreement. Gross receipts means the entire amount of the fees (including the fair market value of bartered services) collected by the franchisee, for nonresidential solid waste collection, removal and disposal except (i) fees collected by the franchisee for the collection, transportation sale or other disposition of exempt waste; (ii) income from equipment sales, maintenance and repair; and, (iii) State sales tax and the franchise fee itself. Gross receipts include but are not limited to: administrative fees, late fees, lease fees, fuel fees, environmental fees, delivery fees, rental fees and paper invoice fees charged by a franchisee. Hazardous substance means any substance which is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation and Liability Act of 1980, 94 Stat. 2767. Industrial establishments means businesses whose primary activities include manufacturing, processing or assembly. Institutional establishments means establishments operated by governmental entities, nonprofit organizations, tax-exempt hospitals, and public, charitable, philanthropic or religious institutions conducted for the benefit of the public or a recognized Section of the public. Nonresidential premises means all commercial establishments, industrial establishments, institutional establishments, and all mining, agricultural and all other and premises in the County, except (both multifamily and single-family) and premises served by City collection service, or contract haulers performing under Chapter 382 , Ordinance Code. Nonresidential solid waste means solid waste generated at any nonresidential premises, and all residue produced within the County from solid waste generated within or outside the County. Ordinance Code means the Ordinance Code of the City. Other organic materials means organic matter generated by nonresidential entities which is suitable for processing into marketable mulch or compost product. Owner means any person occupying, exercising control over, or owning property, who shall accumulate, or cause to accumulate nonresidential solid waste, or cause to be placed nonresidential solid waste for collection. Payment bond means each of the forms of security approved by the Division and furnished by a franchisee as a guarantee that it will pay its obligations in accordance with the terms of the franchise and will pay all lawful claims. Recovered materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling markets, and have been source separated and diverted, or have been removed from the solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials are not solid waste. Recycling and recycled mean any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products, and eligible for credit towards the County's recycling goals established pursuant to F.S. § 403.706. Residue means any material remaining from the act of recycling processing, by any means and to any extent, of solid waste, irrespective of whether such processing occurs within or outside the County. Self-hauler means any person not engaged in waste haulage except to collect and haul nonresidential solid waste generated from business activities conducted solely by such person. State means the State of Florida. (Ord. 93-1774-1411, § 1; Ord. 2008-295-E, § 1; Ord. 2017-565-E , § 1; Ord. 2025-30-E , § 15)