Florida Senate - 2021                       CS for CS for SB 694
       By the Committees on Appropriations; and Community Affairs; and
       Senators Rodrigues and Perry
       576-04229-21                                           2021694c2
    1                        A bill to be entitled                      
    2         An act relating to waste management; amending s.
    3         403.7033, F.S.; requiring the Department of
    4         Environmental Protection to review and update its
    5         report on retail bags and submit the updated report to
    6         the Legislature by a specified date; amending s.
    7         403.70605, F.S.; requiring a local government to pay a
    8         specified amount of compensation to a displaced
    9         private waste company at the end of a specified notice
   10         period; removing a provision authorizing a local
   11         government to pay a specified amount of compensation
   12         to a private waste company as an alternative to
   13         delaying displacement for a specified period;
   14         providing applicability; amending s. 403.703, F.S.;
   15         defining the term “storm-generated yard trash”;
   16         reenacting and amending s. 403.7071, F.S.; providing
   17         that private solid waste or debris management service
   18         providers are not required to collect storm-generated
   19         yard trash unless required to do so by contract or
   20         franchise agreement with a local government; providing
   21         an effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. Section 403.7033, Florida Statutes, is amended
   26  to read:
   27         403.7033 Departmental analysis of particular recyclable
   28  materials.—The Legislature finds that prudent regulation of
   29  recyclable materials is crucial to the ongoing welfare of
   30  Florida’s ecology and economy. As such, the Department of
   31  Environmental Protection shall review and update its 2010 report
   32  on retail bags analyzing undertake an analysis of the need for
   33  new or different regulation of auxiliary containers, wrappings,
   34  or disposable plastic bags used by consumers to carry products
   35  from retail establishments. The updated report must analysis
   36  shall include input from state and local government agencies,
   37  stakeholders, private businesses, and citizens, and must shall
   38  evaluate the efficacy and necessity of both statewide and local
   39  regulation of these materials. To ensure consistent and
   40  effective implementation, the department shall submit the
   41  updated a report with conclusions and recommendations to the
   42  Legislature no later than December 31, 2021 February 1, 2010.
   43  Until such time that the Legislature adopts the recommendations
   44  of the department, a no local government, local governmental
   45  agency, or state governmental government agency may not enact
   46  any rule, regulation, or ordinance regarding use, disposition,
   47  sale, prohibition, restriction, or tax of such auxiliary
   48  containers, wrappings, or disposable plastic bags.
   49         Section 2. Paragraph (c) of subsection (3) of section
   50  403.70605, Florida Statutes, is amended to read:
   51         403.70605 Solid waste collection services in competition
   52  with private companies.—
   54         (c) Following the final public hearing held under paragraph
   55  (b), but not later than 1 year after the hearing, the local
   56  government may proceed to take those measures necessary to
   57  provide the service. The A local government shall provide 3
   58  years’ notice to the a private company before it engages in the
   59  actual provision of the service that displaces the company. At
   60  the end of the 3-year notice period As an alternative to
   61  delaying displacement 3 years, the a local government shall may
   62  pay the a displaced company an amount equal to the company’s
   63  preceding 18 15 months’ gross receipts for the displaced service
   64  in the displacement area. The 3-year notice period shall lapse
   65  as to any private company being displaced when the company
   66  ceases to provide service within the displacement area. Nothing
   67  in This paragraph does not prohibit prohibits the local
   68  government and the company from voluntarily negotiating a
   69  different notice period or amount of compensation.
   70         Section 3. This act does not apply to any displacement as
   71  defined in s. 403.70605(3)(a), Florida Statutes, if the local
   72  government provided 3 years’ notice to the displaced private
   73  company or companies on or before December 31, 2020.
   74         Section 4. Present subsections (42) through (47) of section
   75  403.703, Florida Statutes, are redesignated as subsections (43)
   76  through (48), respectively, and a new subsection (42) is added
   77  to that section, to read:
   78         403.703 Definitions.—As used in this part, the term:
   79         (42)(a)“Storm-generated yard trash” means vegetative
   80  matter that:
   81         1.Results from a tropical storm, a hurricane, a tornado,
   82  or any other significant weather event and is located or placed
   83  within a federally designated disaster area on public property
   84  or a public right-of-way;
   85         2.Is eligible for federal reimbursement under 42 U.S.C. s.
   86  5121 et seq.; and
   87         3.Is placed curbside or on public property or a public
   88  right-of-way within the 15-day period after the tropical storm,
   89  hurricane, tornado, or other significant weather event that is
   90  the subject of the federally declared disaster.
   91         (b)The term includes storm-generated debris under s.
   92  403.7071.
   93         Section 5. Subsection (7) is added to section 403.7071,
   94  Florida Statutes, and subsection (6) of that section is
   95  reenacted, to read:
   96         403.7071 Management of storm-generated debris.—Solid waste
   97  generated as a result of a storm event that is the subject of an
   98  emergency order issued by the department may be managed as
   99  follows:
  100         (6) Local governments or their agents may conduct the
  101  burning of storm-generated yard trash, other storm-generated
  102  vegetative debris, or untreated wood from construction and
  103  demolition debris in air-curtain incinerators without prior
  104  notice to the department. Within 10 days after commencing such
  105  burning, the local government shall notify the department in
  106  writing describing the general nature of the materials burned;
  107  the location and method of burning; and the name, address, and
  108  telephone number of the representative of the local government
  109  to contact concerning the work. The operator of the air-curtain
  110  incinerator is subject to any requirement of the Florida Forest
  111  Service or of any other agency concerning authorization to
  112  conduct open burning. Any person conducting open burning of
  113  vegetative debris is also subject to such requirements.
  114         (7) Unless otherwise specified in a contract or franchise
  115  agreement between a local government and a private solid waste
  116  or debris management service provider, a private solid waste or
  117  debris management service provider is not required to collect
  118  storm-generated yard trash.
  119         Section 6. This act shall take effect July 1, 2021.