Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Solid Waste & Recycling
Information
Requested Action
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MOTION TO RECEIVE presentation of the unsolicited public-private partnership proposal submitted by Filthy Organics, LLC, as supplemented by its August 17, 2026, addendum, to lease, construct, and operate a composting facility on County-owned property located at 7101 SW 205th Avenue, Unincorporated Broward County; to receive comments from affected public entities and members of the public, in accordance with Section 255.065(3)(c), Florida Statutes; and to direct 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. (Commission District 1)
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Why Action is Necessary
Section 255.065(3)(c), Florida Statutes establishes the process whereby responsible public entities may proceed with unsolicited proposals, including presentation of said proposal at a duly noticed public meeting, allowing for public comment by affected public entities and members of the public, and in advance of a determination of public interest by the responsible public entity.
What Action Accomplishes
Satisfies the requirement of Section 255.065(3)(c), Florida Statutes, for the first duly noticed public meeting at which the unsolicited proposal is presented and affected public entities and members of the public are provided an opportunity to comment before the Board makes the public interest determination at the second duly noticed public meeting.
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Previous Action Taken
On August 20, 2026, the Board voted to proceed with further evaluation of the unsolicited public-partnership proposal submitted by Filthy Organics, LLC (Agenda Item No. 45), pursuant to the public meeting process set forth in Section 255.065(3)(c), Florida Statutes.
Summary Explanation/Background
THE COUNTY ADMINISTRATOR, THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT, AND THE SOLID WASTE AND RECYCLING SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
On May 26, 2026, Broward County (“County”) Administration received an unsolicited proposal from Filthy Organics, LLC, (“Proposer”) to lease, construct, and operate a composting facility on County-owned property located at 7101 SW 205th Avenue, Unincorporated Broward County also known as the Broward County Landfill. The Proposer submitted the required application fee of $10,000, and the Proposer was subsequently notified that a Cone of Silence had been imposed. On August 17, 2026, the Proposer submitted a Cone of Silence communication supplementing and clarifying certain terms of its proposal.
The unsolicited proposal identifies an approximate 8-acre site located within the Broward County Landfill footprint for the purposes of processing yard trash into compost. The Proposer seeks a 20-year ground lease though, but clarified in its August 17, 2026, communication that the proposed 20-year term is a starting point for negotiation. The proposal provides for payment to the County of $5 per ton of inbound material and initially contemplates approximately 25,000 tons of inbound material annually. The Proposer further clarified that it anticipates approximately 12 months for design, permitting, and licensing, with no revenue to the County during that period, followed by a ramp-up of operations and an anticipated initial annual payment of approximately $125,000. The Proposer has indicated that it is willing to negotiate adjustments to the financial terms based on intake levels, escalation provisions, and performance guarantees.
In its August 17, 2026, communication, the Proposer also addressed certain operational and environmental considerations identified by County staff, including odor, leachate, vectors, stormwater, fire protection, and site conditions, and stated that such matters could be addressed through project planning, permitting, and negotiation of the comprehensive agreement.
On August 20, 2026, the Board voted to proceed with further evaluation of the proposal pursuant to the process set forth in Section 255.065(3)(c), Florida Statutes, without engaging in a public bidding process.
In accordance with Section 255.065(3)(c), Florida Statutes, this item constitutes the first duly noticed public meeting at which the unsolicited proposal will be presented and affected public entities and members of the public will be provided an opportunity to comment.
A second duly noticed public meeting is proposed for September 22, 2026, at which time 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 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.
5. Public comments submitted at the first duly noticed public meeting and any additional public comments received for the Board’s consideration.
Staff will prepare proposed findings addressing each of the statutory factors, including the public comments received, for the Board’s consideration at the second duly noticed public meeting.
If the Board determines at the second duly noticed public meeting that the proposal is in the public’s interest and decides to proceed with the unsolicited proposal, the County will 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.
Further, if the Board determines that the proposal is in the public’s interest, the County may continue evaluation and negotiation of a comprehensive agreement with the Proposer, subject to satisfaction of the remaining requirements of Section 255.065, Florida Statutes, and subsequent Board approval of any comprehensive agreement. Before any contract is awarded, the County must also 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.