Bill No. HB 7135
Amendment No. 841943
Senate House

1Representative Mayfield offered the following:
3     Amendment (with title amendment)
4     Between lines 4969 and 4970, insert:
5     Section 89. Section 403.7031, Florida Statutes, is amended
6to read:
7     403.7031  Limitations on definitions adopted by local
8ordinance.--A county or a municipality may shall not adopt by
9ordinance, or use in practice, any definition that is
10inconsistent with the definitions in s. 403.703.
11     Section 90. Section 403.7032, Florida Statutes, is created
12to read
13     403.7032  Recycling.--
14     (1)  The Legislature finds that the failure or inability to
15economically recover material and energy resources from solid
16waste results in the unnecessary waste and depletion of our
17natural resources. As the state continues to grow, so will the
18potential amount of discarded material that must be treated and
19disposed of, necessitating the improvement of solid waste
20collection and disposal. Therefore, the maximum recycling and
21reuse of such resources are considered high-priority goals of
22the state.
23     (2)  By the year 2020, the long-term goal for the recycling
24efforts of state and local governmental entities, private
25companies and organizations, and the general public is to reduce
26the amount of recyclable solid waste disposed of in waste
27management facilities, landfills, or incineration facilities by
28a statewide average of at least 75 percent.
29     (3)  The Department of Environmental Protection shall
30develop a comprehensive recycling program that is designed to
31achieve the percentage under subsection (2) and submit the
32program to the President of the Senate and the Speaker of the
33House of Representatives by January 1, 2010. The program may not
34be implemented until approved by the Legislature. The program
35must be developed in coordination with input from state and
36local entities, private businesses, and the public. Under the
37program, recyclable materials shall include, but are not limited
38to, metals, paper, glass, plastic, textile, rubber materials,
39and mulch. Components of the program shall include, but are not
40limited to:
41     (a)  Programs to identify environmentally preferable
42purchasing practices to encourage the purchase of recycled,
43durable, and less toxic goods.
44     (b)  Programs to educate students in grades K-12 in the
45benefits of, and proper techniques for, recycling.
46     (c)  Programs for statewide recognition of successful
47recycling efforts by schools, businesses, public groups, and
48private citizens.
49     (d)  Programs for municipalities and counties to develop
50and implement efficient recycling efforts to return valuable
51materials to productive use, conserve energy, and protect
52natural resources.
53     (e)  Programs by which the department can provide technical
54assistance to municipalities and counties in support of their
55recycling efforts.
56     (f)  Programs to educate and train the public in proper
57recycling efforts;
58     (g)  Evaluation of how financial assistance can best be
59provided to municipalities and counties in support of their
60recycling efforts.
61     (h)  Evaluation of why existing waste management and
62recycling programs in the state have not been better used.
63     Section 91.  Section 403.7033, Florida Statutes, is created
64to read:
65     403.7033  Departmental analysis of particular recyclable
66materials.--The Legislature finds that prudent regulation of
67recyclable materials is crucial to the ongoing welfare of
68Florida's ecology and economy. As such, the Department of
69Environmental Protection shall undertake an analysis of the need
70for new or different regulation of auxiliary containers,
71wrappings, or disposable plastic bags used by consumers to carry
72products from retail establishments. The analysis shall include
73input from state and local government agencies, stakeholders,
74private businesses, and citizens, and shall evaluate the
75efficacy and necessity of both statewide and local regulation of
76these materials. To ensure consistent and effective
77implementation, the department shall submit a report with
78conclusions and recommendations to the Legislature no later than
79February 1, 2010. Until such time that the Legislature adopts
80the recommendations of the department, no local government,
81local governmental agency, or state government agency may enact
82any rule, regulation, or ordinance regarding use, disposition,
83sale, prohibition, restriction, or tax of such auxiliary
84containers, wrappings, or disposable plastic bags.
85      Section 92. 403.706  Local government solid waste
87(2)(a)  Each county shall implement a recyclable materials
88recycling program. Counties and municipalities are encouraged to
89form cooperative arrangements for implementing recycling
91(b)  Such programs shall be designed to recover a
92significant portion of at least four of the following materials
93from the solid waste stream prior to final disposal at a solid
94waste disposal facility and to offer these materials for
95recycling: newspaper, aluminum cans, steel cans, glass, plastic
96bottles, cardboard, office paper, and yard trash. Local
97governments which operate permitted waste-to-energy facilities
98may retrieve ferrous and nonferrous metal as a byproduct of
100(c)  Local governments are encouraged to separate all
101plastics, metal, and all grades of paper for recycling prior to
102final disposal and are further encouraged to recycle yard trash
103and other mechanically treated solid waste into compost
104available for agricultural and other acceptable uses.
105(d)  By July 1, 2010, each county shall develop and
106implement a plan to achieve a goal to compost is encouraged to
107consider plans for composting or mulching of organic materials
108that would otherwise be disposed of in a landfill. The goal
109shall provide that up to 10 percent and no less than 5 percent
110of organic material would be composted within the county and the
111municipalities within its boundaries. The department may reduce
112or modify the compost goal if the county demonstrates to the
113department that achievement of the goal would be impractical
114given the county's unique demographic, urban density, or
115inability to separate normally compostable material from the
116solid waste stream. The composting plan is or mulching plans are
117encouraged to address partnership with the private sector.
118(e)  Each county is encouraged to consider plans for  
119mulching organic materials that would otherwise be disposed of
120in a landfill. The mulching plans are encouraged to address
121partnership with the private sector.
T I T L E  A M E N D M E N T
130     Remove line 299 and insert:
131made by the act; amending s. 403.7031, F.S.; prohibiting a
132county or municipality from using in practice any definition
133inconsistent with certain statutes; creating s. 403.7032, F.S.;
134providing legislative findings regarding recycling; providing
135for a long-term goal of reducing the amount of solid waste
136disposed of in the state by a certain percentage; requiring the
137Department of Environmental Protection to develop a
138comprehensive recycling program and submit such program to the
139Legislature by a specified date; requiring the Legislature's
140approval before implementing such program; requiring that such
141program be developed in coordination with other state and local
142entities, private businesses, and the public; requiring that the
143program contain certain components; creating s. 403.7033, F.S.,
144requiring a departmental analysis of particular recyclable
145materials; requiring a submission of a report; amending s.
146403.706, F.S., requiring every county to implement a composting
147plan to attain certain goals by a date certain; provides for
148goal modifications upon demonstrated need to the department;
149amending s. 489.145, F.S.; revising

CODING: Words stricken are deletions; words underlined are additions.