Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Solid Waste & Recycling
Information
Requested Action
title
MOTION TO DETERMINE, after consideration of the factors required by Section 255.065(3)(c), Florida Statutes, including public comments received, that the unsolicited public-private partnership proposal submitted by Filthy Organics, LLC (“Filthy Organics”), as supplemented by its August 17, 2026, addendum, to lease, construct, and operate a composting facility on approximately eight acres of County-owned property located at 7101 SW 205th Avenue, Unincorporated Broward County, is in the public’s interest; to approve the findings supporting the public-interest determination set forth in the Staff Report to be distributed as Exhibit 3, to include any public comments received at the September 10, 2026, duly noticed public meeting; to direct the County Administrator to publish the report required by Section 255.065(3)(d), Florida Statutes, in the Florida Administrative Register for at least seven days; and to direct the County Administrator to proceed with further evaluation and negotiation of a comprehensive agreement with Filthy Organics, subject to satisfaction of the remaining requirements of Section 255.065, Florida Statutes, and to return any proposed comprehensive agreement to the Board for approval. (Commission District 1)
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Why Action is Necessary
Section 255.065(3)(c), Florida Statutes, establishes the process by which a responsible public entity may proceed with an unsolicited proposal without engaging in a public bidding process. The statute requires the proposal to be presented at a duly noticed public meeting at which affected public entities and members of the public are provided an opportunity to comment and, at a second duly noticed public meeting, at which the responsible public entity considers the statutory factors and determines whether the unsolicited proposal is in the public’s interest.
What Action Accomplishes
Satisfies the requirement of Section 255.065(3)(c), Florida Statutes, for the second duly noticed public meeting; considers the statutory factors and supporting findings; determines whether the unsolicited proposal is in the public’s interest; and, if the Board determines that the proposal is in the public’s interest, authorizes the publication of the report required by Section 255.065(3)(d), Florida Statutes, and continued evaluation and negotiation of a comprehensive agreement, subject to the remaining statutory requirements and subsequent Board approval of any comprehensive agreement.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
On August 20, 2026 (Agenda Item No. 45), the Board directed the County Administrator to proceed with further evaluation of the unsolicited proposal submitted by Filthy Organics, LLC, as supplemented by its August 17, 2026, addendum, and to utilize the process set forth in Section 255.065(3)(c), Florida Statutes, rather than the public bidding process set forth in Section 255.065(3)(b), Florida Statutes. On September 10, 2026 (Agenda Item No. 53), the Board held the first duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes, received a presentation of the unsolicited proposal, provided affected public entities and members of the public an opportunity to comment, and directed the County Administrator to return the proposal to the Board for the second duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes.
Summary Explanation/Background
THE COUNTY ADMINISTRATOR AND THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.
On May 26, 2026, Broward County (“County”) Administration received an unsolicited proposal from Filthy Organics, LLC (“Proposer”), accompanied by the required $10,000 application fee. The Proposer proposes to ground lease approximately eight acres within the Broward County Landfill for a privately financed, privately owned and operated aerated static pile composting facility. The facility would initially process approximately 25,000 tons per year of clean green and yard waste, and the Proposer represents that the facility could scale to 100,000 tons per year within the proposed footprint. (See Exhibit 1).
The original proposal contemplated a 20-year ground lease, payments of $10,000 per year for the first two years, and $5 per ton thereafter. In its August 17, 2026, supplemental communication, the Proposer clarified that the 20-year term is a starting point for negotiation; design, permitting, and licensing are anticipated to require approximately 12 months; and the $5-per-ton payment is intended to apply to inbound tonnage. At 25,000 inbound tons, the Proposer estimates an initial annual payment of approximately $125,000 following startup. The Proposer also stated that it is willing to negotiate intake-based payment adjustments, escalation provisions, performance guarantees, and assurances relating to site conditions.
On August 20, 2026, the Board directed the County Administrator to proceed with further evaluation of the unsolicited proposal and to initiate the process set forth in Section 255.065(3)(c), Florida Statutes. In addition, county staff was directed to review and provide an analysis comparing costs between a county owned facility, a county owned and operated facility, and anticipated costs indicated in the Filthy Organics unsolicited proposal (See Exhibit 4).
On September 10, 2026, the Board held the first duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes. At that meeting, County staff presented the unsolicited proposal, and affected public entities and members of the public were provided an opportunity to comment. The Board thereafter directed the County Administrator to return the proposal to the Board for the second duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes.
In accordance with Section 255.065(3)(c), Florida Statutes, this item constitutes the second duly noticed public meeting, at which the Board may determine whether the proposal is in the public’s interest after considering the factors specified in Section 255.065(3)(c), Florida Statutes. These factors include:
1. The benefits to the public;
2. The financial structure of and the economic efficiencies achieved by the proposal;
3. The qualifications and experience of the private entity that submitted the proposal and such entity’s ability to perform the project;
4. The project’s compatibility with regional infrastructure plans; and
5. Public comments submitted at the first duly noticed public meeting.
The Staff Report to be distributed as Exhibit 3 will set forth staff’s analysis and proposed findings addressing each of the five statutory factors. Because the September 22, 2026, agenda was prepared before the September 10, 2026, duly noticed public meeting, the Staff Report (which must address public comments received at the September 10, 2026, first duly noticed public meeting) will be completed following the September 10, 2026 meeting, and provided to the Board as Additional Material before consideration of this item.
If the Board determines that the proposal is in the public’s interest and decides that the proposal should proceed, Section 255.065(3)(d), Florida Statutes, requires the County to publish in the Florida Administrative Register for at least seven days a report that includes:
1. The public interest determination;
2. Factors considered in making the public interest determination; and
3. The County’s findings based on each considered factor.
If the Board determines that the proposal is in the public’s interest, the requested action would also direct the County Administrator to proceed with further evaluation and negotiation of a comprehensive agreement with the Proposer. The Board’s public interest determination would not constitute approval of a comprehensive agreement or otherwise obligate the County to proceed with the project. Any comprehensive agreement would remain subject to satisfaction of the remaining requirements of Section 255.065, Florida Statutes, and subsequent Board approval. Additionally, before any contract is awarded, the County must perform the independent analysis required by Section 255.065(5)(d), Florida Statutes, demonstrating the cost-effectiveness and overall public benefit of the proposed public-private partnership.
Source of Additional Information
Notosha Austin, Director, Solid Waste and Recycling Services Division, (954) 474-1880.
Fiscal Impact
Fiscal Impact/Cost Summary
No additional fiscal impact is anticipated as a result of this action. Costs incurred by the County in evaluating the unsolicited proposal are intended to be paid from the application fee submitted by the Proposer and any additional evaluation fees required from the Proposer pursuant to Section 255.065, Florida Statutes.