| 1 | A bill to be entitled |
| 2 | An act relating to recycling of recovered construction and |
| 3 | demolition materials; creating s. 403.7047, F.S.; |
| 4 | providing purpose; providing a definition; requiring local |
| 5 | governments to create, if feasible, separate franchises |
| 6 | for the collection, transportation, and recycling of |
| 7 | recovered construction and demolition materials; providing |
| 8 | for determination of feasibility; providing sanctions; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 403.7047, Florida Statutes, is created |
| 14 | to read: |
| 15 | 403.7047 Recycling of recovered construction and |
| 16 | demolition materials.-- |
| 17 | (1) Pursuant to the intent expressed in s. 403.707(12), |
| 18 | the purpose of this section is to promote the recycling of |
| 19 | recovered construction and demolition materials. |
| 20 | (2)(a) As used in this section, the term "recovered |
| 21 | construction and demolition material" means any recyclable |
| 22 | material from construction and demolition debris that has been |
| 23 | separated at the permitted construction or demolition site and |
| 24 | placed into a separate container for purposes of being recycled. |
| 25 | Recovered construction and demolition materials include brick; |
| 26 | concrete; unpainted, nontreated wood; metal; glass; cardboard; |
| 27 | paper; and plastic. |
| 28 | (b)1. The mixing of recovered construction and demolition |
| 29 | materials with each other will cause the mixed material to be |
| 30 | classified as construction and demolition debris. |
| 31 | 2. The mixing of construction and demolition debris or |
| 32 | recovered construction and demolition materials with other types |
| 33 | of solid waste will cause the mixture to be classified as other |
| 34 | than construction and demolition debris or recovered |
| 35 | construction and demolition materials. |
| 36 | (3)(a) Prior to the renewal of a solid waste management |
| 37 | franchise agreement, a local government should consider the |
| 38 | feasibility of creating a separate franchise for the collection, |
| 39 | transportation, and recycling of recovered construction and |
| 40 | demolition materials and, if feasible, should create such a |
| 41 | separate franchise. A determination of feasibility shall be |
| 42 | based upon currently available funding or funding sources that |
| 43 | could reasonably be expected to become available for such |
| 44 | purpose. |
| 45 | (b) In addition to any other penalties provided by law, a |
| 46 | local government that does not comply with the requirements of |
| 47 | paragraph (a) shall not be eligible for grants from the Solid |
| 48 | Waste Management Trust Fund, and the department may notify the |
| 49 | Chief Financial Officer to withhold payment of all or a portion |
| 50 | of funds payable to the local government by the department from |
| 51 | the General Revenue Fund or by the department from any other |
| 52 | state fund, to the extent not pledged to retire bonded |
| 53 | indebtedness, unless the local government demonstrates that good |
| 54 | faith efforts to meet the requirements of paragraph (a) have |
| 55 | been made or that the funds are being or will be used to finance |
| 56 | the recycling of recovered construction and demolition |
| 57 | materials. |
| 58 | (4) Nothing in this section shall limit the authority of |
| 59 | the state or any local government to regulate the collection, |
| 60 | transportation, processing, or handling of construction and |
| 61 | demolition debris in order to protect the public health, safety, |
| 62 | and welfare. |
| 63 | Section 2. This act shall take effect January 1, 2006. |