Florida Senate - 2021                             CS for SB 7008
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Environment and Natural Resources
       
       
       
       
       585-03622-21                                          20217008c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 403.7046, F.S., which
    4         provides exemptions from public records requirements
    5         for trade secrets contained in information obtained by
    6         the Department of Environmental Protection; removing
    7         the scheduled repeal of an exemption; deleting an
    8         exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (2) and paragraph (b) of subsection
   13  (3) of section 403.7046, Florida Statutes, are amended to read:
   14         403.7046 Regulation of recovered materials.—
   15         (2) Information reported pursuant to this section or any
   16  rule adopted pursuant to this section which, if disclosed, would
   17  reveal a trade secret, as defined in s. 812.081, is confidential
   18  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   19  Constitution. For reporting or information purposes, however,
   20  the department may provide this information in such form that
   21  the names of the persons reporting such information and the
   22  specific information reported are not revealed. This subsection
   23  is subject to the Open Government Sunset Review Act in
   24  accordance with s. 119.15 and shall stand repealed on October 2,
   25  2021, unless reviewed and saved from repeal through reenactment
   26  by the Legislature.
   27         (3) Except as otherwise provided in this section or
   28  pursuant to a special act in effect on or before January 1,
   29  1993, a local government may not require a commercial
   30  establishment that generates source-separated recovered
   31  materials to sell or otherwise convey its recovered materials to
   32  the local government or to a facility designated by the local
   33  government, nor may the local government restrict such a
   34  generator’s right to sell or otherwise convey such recovered
   35  materials to any properly certified recovered materials dealer
   36  who has satisfied the requirements of this section. A local
   37  government may not enact any ordinance that prevents such a
   38  dealer from entering into a contract with a commercial
   39  establishment to purchase, collect, transport, process, or
   40  receive source-separated recovered materials.
   41         (b)1. Before engaging in business within the jurisdiction
   42  of the local government, a recovered materials dealer or
   43  pyrolysis facility must provide the local government with a copy
   44  of the certification provided for in this section. In addition,
   45  the local government may establish a registration process
   46  whereby a recovered materials dealer or pyrolysis facility must
   47  register with the local government before engaging in business
   48  within the jurisdiction of the local government. Such
   49  registration process is limited to requiring the dealer or
   50  pyrolysis facility to register its name, including the owner or
   51  operator of the dealer or pyrolysis facility, and, if the dealer
   52  or pyrolysis facility is a business entity, its general or
   53  limited partners, its corporate officers and directors, its
   54  permanent place of business, evidence of its certification under
   55  this section, and a certification that the recovered materials
   56  or post-use polymers will be processed at a recovered materials
   57  processing facility or pyrolysis facility satisfying the
   58  requirements of this section. The local government may not use
   59  the information provided in the registration application to
   60  compete unfairly with the recovered materials dealer until 90
   61  days after receipt of the application. All counties, and
   62  municipalities whose population exceeds 35,000 according to the
   63  population estimates determined pursuant to s. 186.901, may
   64  establish a reporting process that must be limited to the
   65  regulations, reporting format, and reporting frequency
   66  established by the department pursuant to this section, which
   67  must, at a minimum, include requiring the dealer or pyrolysis
   68  facility to identify the types and approximate amount of
   69  recovered materials or post-use polymers collected, recycled, or
   70  reused during the reporting period; the approximate percentage
   71  of recovered materials or post-use polymers reused, stored, or
   72  delivered to a recovered materials processing facility or
   73  pyrolysis facility or disposed of in a solid waste disposal
   74  facility; and the locations where any recovered materials or
   75  post-use polymers were disposed of as solid waste. The local
   76  government may charge the dealer or pyrolysis facility a
   77  registration fee commensurate with and no greater than the cost
   78  incurred by the local government in operating its registration
   79  program. Registration program costs are limited to those costs
   80  associated with the activities described in this paragraph
   81  subparagraph. Any reporting or registration process established
   82  by a local government with regard to recovered materials or
   83  post-use polymers is governed by this section and department
   84  rules adopted pursuant thereto.
   85         2. Information reported under this subsection which, if
   86  disclosed, would reveal a trade secret, as defined in s.
   87  812.081, is confidential and exempt from s. 119.07(1) and s.
   88  24(a), Art. I of the State Constitution. This subparagraph is
   89  subject to the Open Government Sunset Review Act in accordance
   90  with s. 119.15 and shall stand repealed on October 2, 2021,
   91  unless reviewed and saved from repeal through reenactment by the
   92  Legislature.
   93         Section 2. This act shall take effect October 1, 2021.