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 DIRECT County Administrator to proceed with further evaluation of the unsolicited public-private partnership proposal submitted by Filthy Organics, Limited Liability Company, for the lease, construction, and operation of a composting facility on County-owned property located at 7101 Southwest 205 Avenue in unincorporated Broward County; and to publish notice of receipt of the unsolicited proposal and accept other proposals for the same project pursuant to the statutory competitive process under Section 255.065(3)(b), Florida Statutes. (Commission District 1)
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Why Action is Necessary
Board direction is necessary to direct further evaluation of the unsolicited proposal and authorize publication of notice and acceptance of competing proposals pursuant to Section 255.065(3)(b), Florida Statutes.
What Action Accomplishes
Authorizes further evaluation of the unsolicited proposal and initiation of a competitive process under Section 255.065(3)(b), Florida Statutes, including publication of notice and acceptance of competing proposals for the same project.
Goal Related Icon(s)
N/A County Commission
N/A Go Green
N/A MAP Broward
Previous Action Taken
None taken.
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, Limited Liability Company (“Filthy Organics”), to lease, construct, and operate a composting facility on County-owned property located at 7101 Southwest 205 Avenue, in unincorporated Broward County (see Exhibit 1). Accompanying the proposal was the application fee of $10,000 required by Section 38.40 of the Broward County Administrative Code.
On May 27, 2026, Filthy Organics was advised that a Cone of Silence had been imposed pursuant to Section 1-266 of the Broward County Code of Ordinances. Additionally, on May 27, 2026, the County Administrator advised the Board by memorandum that County staff would conduct a preliminary review of the proposal, including (1) Filthy Organics’ qualifications and experience with projects of similar scale and setting; (2) the financial structure and economic efficiencies of the proposal; and (3) the project's compatibility with regional infrastructure plans.
Summary Proposal
The proposal identifies an approximately eight-acre site located on an active landfill footprint (see Exhibit 2) at 7101 Southwest 205 Avenue in unincorporated Broward County, for the purpose of processing yard trash into compost. This County-owned property, operated by Solid Waste and Recycling Services (“SWRS”), is known as the Broward County Landfill (“BCL”) and accepts bulk waste, yard trash, and construction and demolition debris originating from within Broward County. The property is also used as a Temporary Debris Management Site.
Filthy Organics proposes a 20-year ground lease, under which the County would retain ownership of the land and receive annual payments of $10,000 for the first two years and $5 per ton of material processed on-site thereafter. During the first two years, the proposed lease payment amounts to $1,250 per acre annually. After the second year, potential revenue based on $5 per ton of processed material remains speculative, as the current proposal suggests a starting volume of 25,000 inbound tons per year. The volume and weight of vegetative matter are considerably reduced when processed into compost. If the $5-per-ton payment applies to processed material, using 25,000 inbound tons as a base and assuming a conservative 50% reduction, the County may receive an annual payment of approximately $62,500 for the processed material. This revenue may be further reduced due to contamination being removed prior to processing.
The unsolicited proposal’s request for a 20-year ground lease with potential renewal options creates an exclusive, long-term commercial opportunity on public land without competitive market testing that could identify other qualified vendors and potential best-value offers. If this proposal advances, the County should consider a shorter initial term, a pilot or demonstration period, or a structure that allows for multiple vendors or competitive opportunities over time. Any extensions or renewals should be at the County's discretion and based on demonstrated performance and continued value.
BCL remains a valuable public asset, and, given valuation concerns, further analysis is required before the County can determine whether the proposed financial terms are cost-effective and provide an overall public benefit. Pursuant to Section 255.065(5)(d), Florida Statutes, the County must perform an independent analysis of the proposed public-private partnership demonstrating its cost-effectiveness and overall public benefit before the procurement process is initiated or before a contract is awarded.
Recommendation
On July 9, 2026, the County Administrator advised the Board by memorandum (see Exhibit 3) of County staff’s recommendation to proceed with further evaluation of the proposal and to engage in the public bidding process provided for in Section 255.065(3)(b), Florida Statutes.
If the Board determines that the submission may be further evaluated as an unsolicited proposal for a qualifying project under Section 255.065, Florida Statutes, the County may proceed through either of the following statutory processes:
1) Engage in a public bidding process - The County may publish notice in the Florida Administrative Register and in a newspaper of general circulation at least once a week for two weeks stating that the County has received an unsolicited proposal and will accept other proposals for the same project. The County must establish a period for receiving competing proposals that is at least 21 days and no more than 120 days after the initial publication, unless the timeframe is altered by a majority vote of the Board as authorized by statute. A copy of the notice must also be mailed to each local government in the affected area. After the notice period expires, the County must evaluate and rank the proposals received in order of preference and may begin negotiations with the highest-ranked proposer.
2) Proceed without a public bidding process - The County may proceed with the proposer’s submission without engaging in a public bidding process only after holding a duly noticed public meeting at which the proposal is presented and affected public entities and members of the public are provided an opportunity to comment, followed by a second duly noticed public meeting at which the Board determines that the proposal is in the public’s interest after considering the factors specified in Section 255.065(3)(c), Florida Statutes. If the County elects this process, it must also publish the report required by Section 255.065(3)(d), Florida Statutes, in the Florida Administrative Register for at least seven days.
Based on discussions with County staff, the County Administrator recommends that the unsolicited proposal be further evaluated and that the County publish notice of receipt of the proposal and accepts competing proposals for the same project through the statutory public bidding process under Section 255.065(3)(b), Florida Statutes. Before any contract is awarded, the County will 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
None. 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 Statues.