§ 234-39. Powers vested in county.

(a)

Any general law or special act to the contrary notwithstanding, the county shall have exclusive control over the collection and disposal of solid waste generated or brought within the area affected by this act [article]. All persons within the area affected by this act [article] are required by the terms of this act [article], upon notice of such requirement being published by the county, to deliver all solid waste which is collected or brought within the area affected by this act [article] to the county's solid waste disposal and resource recovery system. No person except the county, its franchisee, licensee, or other designated person shall operate, maintain, manage, or engage in the collection and disposition of solid waste in any manner whatsoever within the area affected by this act [article], except by agreement with or by license or permit of the county. Nothing in this section shall limit the right of any person to use the county's solid waste disposal and resource recovery system after compliance with reasonable rules and regulations as set forth by the county, including the payment of established rates, fees, special assessments, and charges. The provisions of this section shall be self-executing without any further action on the part of the county except to provide notice as stated herein. However, nothing herein shall be construed to preclude or prohibit the county from adopting reasonable rules and regulations in regard to the manner and means of operating its solid waste and resource recovery system.

(b)

The county shall have the additional power to impose, levy, collect or, to the extent not inconsistent with general law, to have collected in the same manner as ad valorem taxes, an annual disposal special assessment as a means of financing the original construction and/or acquisition of additions, extensions and improvements to the solid waste disposal and resource recovery system, the payment of the principal of and interest on bonds or other appropriate indebtedness issued pursuant to this act [article], the cost of operating, maintaining, and repairing the solid waste disposal and resource recovery system and all other payments that are required to be made by the county in connection with the purposes of this act [article]. Any special assessment so imposed pursuant to the terms of this act [article] shall constitute a lien against any such improved real property for which the special assessment is imposed until fully paid and discharged, or barred by law. Special assessments shall be prior to all other liens, except for such liens shall be on a parity with the lien of state, county and municipal taxes, and any lien for charges for services created pursuant to F.S. § 159.17.

(Laws of Fla. ch. 87-441, § 4)