| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 12 and 13, insert: |
| 5 | Section 1. Section 403.7031, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 403.7031 Limitations on definitions adopted by local |
| 8 | ordinance.--A county or a municipality may shall not adopt by |
| 9 | ordinance or use in practice any definition that is inconsistent |
| 10 | with the definitions in s. 403.703. |
| 11 | Section 2. Section 403.7032, Florida Statutes, is created |
| 12 | to read |
| 13 | 403.7032 Recycling.-- |
| 14 | (1) The Legislature finds that the failure or inability to |
| 15 | economically recover material and energy resources from solid |
| 16 | waste results in the unnecessary waste and depletion of the |
| 17 | state's natural resources. As Florida continues to grow, so will |
| 18 | the potential amount of discarded material that must be treated |
| 19 | and disposed of, necessitating the improvement of solid waste |
| 20 | collection and disposal. Therefore, the maximum recycling and |
| 21 | reuse of such resources are considered high priority goals of |
| 22 | this state. |
| 23 | (2) By the year 2020, the long-term goal for the recycling |
| 24 | efforts of state and local governmental entities, private |
| 25 | companies and organizations, and the general public is to reduce |
| 26 | the amount of recyclable solid waste disposed of in waste |
| 27 | management facilities, landfills, or incineration facilities by |
| 28 | a statewide average of at least 75 percent. |
| 29 | (3) The Department of Environmental Preservation shall |
| 30 | develop a comprehensive recycling program that is designed to |
| 31 | achieve the percentage stated in subsection (2) and submit the |
| 32 | program to the President of the Senate and the Speaker of the |
| 33 | House of Representatives by January 1, 2010. The program may not |
| 34 | be implemented until approved by the Legislature. The program |
| 35 | must be developed in coordination with input from state and |
| 36 | local entities, private businesses, and the public. Under the |
| 37 | program, recyclable materials shall include, but are not limited |
| 38 | to, metals, paper, glass, plastic, textile, rubber materials, |
| 39 | and mulch. Components of the program shall include, but are not |
| 40 | limited to: |
| 41 | (a) Programs to identify environmentally preferable |
| 42 | purchasing practices to encourage the purchase of recycled, |
| 43 | durable, and less toxic goods. |
| 44 | (b) Programs to educate students in grades K-12 in the |
| 45 | benefits of, and proper techniques for, recycling. |
| 46 | (c) Programs for statewide recognition of successful |
| 47 | recycling efforts by schools, businesses, public groups, and |
| 48 | private citizens. |
| 49 | (d) Programs for municipalities and counties to develop |
| 50 | and implement efficient recycling efforts to return valuable |
| 51 | materials to productive use, conserve energy, and protect |
| 52 | natural resources. |
| 53 | (e) Programs through which the department can provide |
| 54 | technical assistance to municipalities and counties in support |
| 55 | of their recycling efforts. |
| 56 | (f) Programs to educate and train the public in proper |
| 57 | recycling efforts. |
| 58 | (g) Evaluation of how financial assistance can best be |
| 59 | provided to municipalities and counties in support of their |
| 60 | recycling efforts. |
| 61 | (h) Evaluation of why existing waste management and |
| 62 | recycling programs in the state have not been better used. |
| 63 | Section 3. Section 403.7033, Florida Statutes, is created |
| 64 | to read: |
| 65 | 403.7033 Departmental analysis of particular recyclable |
| 66 | materials.--The Legislature finds that prudent regulation of |
| 67 | recyclable materials is crucial to the ongoing welfare of the |
| 68 | state's ecology and economy. As such, the department shall |
| 69 | undertake an analysis of the need for new or different |
| 70 | regulation of auxiliary containers, wrappings, or disposable |
| 71 | plastic bags used by consumers to carry products from retail |
| 72 | establishments. The analysis shall include input from state and |
| 73 | local government agencies, stakeholders, private businesses, and |
| 74 | citizens, and shall evaluate the efficacy and necessity of both |
| 75 | statewide and local regulation of these materials. To ensure |
| 76 | consistent and effective implementation, the department shall |
| 77 | submit a report with conclusions and recommendations to the |
| 78 | Legislature no later than February 1, 2010. Until such time that |
| 79 | the Legislature adopts the recommendations of the department, no |
| 80 | local government, local governmental agency, or state government |
| 81 | agency may enact any rule, regulation, or ordinance regarding |
| 82 | use, disposition, sale, prohibition, restriction, or tax of such |
| 83 | auxiliary containers, wrappings, or disposable plastic bags. |
| 84 | Section 4. Subsection (2) of section 403.706, Florida |
| 85 | Statutes, is amended to read: |
| 86 | 403.706 Local government solid waste responsibilities.-- |
| 87 | (2)(a) Each county shall implement a recyclable materials |
| 88 | recycling program. Counties and municipalities are encouraged to |
| 89 | form cooperative arrangements for implementing recycling |
| 90 | programs. |
| 91 | (b) Such programs shall be designed to recover a |
| 92 | significant portion of at least four of the following materials |
| 93 | from the solid waste stream prior to final disposal at a solid |
| 94 | waste disposal facility and to offer these materials for |
| 95 | recycling: newspaper, aluminum cans, steel cans, glass, plastic |
| 96 | bottles, cardboard, office paper, and yard trash. Local |
| 97 | governments which operate permitted waste-to-energy facilities |
| 98 | may retrieve ferrous and nonferrous metal as a byproduct of |
| 99 | combustion. |
| 100 | (c) Local governments are encouraged to separate all |
| 101 | plastics, metal, and all grades of paper for recycling prior to |
| 102 | final disposal and are further encouraged to recycle yard trash |
| 103 | and other mechanically treated solid waste into compost |
| 104 | available for agricultural and other acceptable uses. |
| 105 | (d) By July 1, 2010, each county shall develop and |
| 106 | implement a plan to achieve a goal to compost is encouraged to |
| 107 | consider plans for composting or mulching of organic materials |
| 108 | that would otherwise be disposed of in a landfill. The goal |
| 109 | shall provide that up to 10 percent and no less than 5 percent |
| 110 | of organic material would be composted within the county and the |
| 111 | municipalities within its boundaries. The department may reduce |
| 112 | or modify the compost goal if the county demonstrates to the |
| 113 | department that achievement of the goal would be impractical |
| 114 | given the county's unique demographic, urban density, or |
| 115 | inability to separate normally compostable material from the |
| 116 | solid waste stream. The composting plan is or mulching plans are |
| 117 | encouraged to address partnership with the private sector. |
| 118 | (e) Each county is encouraged to consider plans for |
| 119 | mulching organic materials that would otherwise be disposed of |
| 120 | in a landfill. The mulching plans are encouraged to address |
| 121 | partnership with the private sector. |
| 122 |
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| 123 | ----------------------------------------------------- |
| 124 | T I T L E A M E N D M E N T |
| 125 | Remove line 2 and insert: |
| 126 | An act relating to recycling; amending s. 403.7031, F.S.; |
| 127 | prohibiting a county or municipality from using in practice any |
| 128 | definition inconsistent with a specified statute; creating s. |
| 129 | 403.7032, F.S.; providing legislative findings; providing for a |
| 130 | long-term goal of reducing the amount of solid waste disposed of |
| 131 | in the state by a certain percentage; requiring the Department |
| 132 | of Environmental Protection to develop a comprehensive recycling |
| 133 | program and submit such program to the Legislature by a |
| 134 | specified date; requiring legislative approval before |
| 135 | implementing such program; requiring that such program be |
| 136 | developed in coordination with other state and local entities, |
| 137 | private businesses, and the public; requiring that the program |
| 138 | contain certain components; creating s. 403.7033, F.S.; |
| 139 | requiring a departmental analysis of particular recyclable |
| 140 | materials; requiring a report; amending s. 403.706, F.S.; |
| 141 | requiring each county to implement a composting plan to attain |
| 142 | certain goals by a date certain; providing for goal |
| 143 | modifications upon demonstrated need to the department; amending |
| 144 | s. 403.7145, F.S.; |