Florida Senate - 2016 SB 1674 By Senator Sachs 34-01129-16 20161674__ 1 A bill to be entitled 2 An act relating to bear-resistant garbage receptacles; 3 creating s. 379.3019, F.S.; defining terms; requiring 4 the Fish and Wildlife Conservation Commission to adopt 5 rules, by a specified date, which establish standards 6 for the designation of areas of high human-bear 7 conflict and that designate certain garbage as bear 8 attracting garbage; requiring the commission to apply, 9 by a specified date, the established standards to 10 identify areas of high human-bear conflict; 11 prohibiting, as of a specified date, the deposit of 12 bear-attracting garbage into receptacles other than 13 bear-resistant receptacles in high human-bear conflict 14 areas; requiring that specified information be posted 15 and maintained on the commission’s website; specifying 16 a noncriminal infraction and a fine for violations; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 379.3019, Florida Statutes, is created 22 to read: 23 379.3019 Bear-resistant garbage receptacles.— 24 (1) As used in this section, the term: 25 (a) “Bear-attracting garbage” means garbage identified by 26 the commission by rule as likely to attract bears. 27 (b) “Bear-resistant garbage receptacle” means a container 28 used for the storage of garbage which has a design and a 29 structure that significantly impede access by bears to the 30 contents. 31 (c) “High human-bear conflict area” means an area 32 identified by the commission pursuant to subsection (3). 33 (2) By July 1, 2017, the commission shall adopt by rule: 34 (a) Standards for the designation of specific areas of this 35 state as high human-bear conflict areas. 36 (b) The designation of certain garbage as bear-attracting 37 garbage. 38 (3) By February 1, 2018, the commission shall identify 39 areas of this state that qualify as high human-bear conflict 40 areas. The commission shall apply the standards developed 41 pursuant to paragraph (2)(a) in making this determination, which 42 must be reviewed and, if necessary, revised by the commission at 43 least once every 3 years. 44 (4) Notwithstanding any other law to the contrary, 45 effective July 1, 2019, a person may not deposit bear-attracting 46 garbage into an outdoor garbage receptacle, whether the 47 receptacle is curbside for collection or elsewhere, in a high 48 human-bear conflict area unless the receptacle is a bear 49 resistant garbage receptacle. 50 (5) The commission shall post and maintain on its website 51 the current lists of high human-bear conflict areas and bear 52 attracting garbage. 53 (6) A person who violates this section commits a 54 noncriminal infraction, punishable by a fine not to exceed $500. 55 Section 2. This act shall take effect July 1, 2016.