Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS/HB 1609, 1st Eng.
       
       
       
       
       
       
                                Ì397706?Î397706                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             04/29/2025 04:28 PM       .                                
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       Senator Martin moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (2) through (48) of section
    6  403.703, Florida Statutes, are redesignated as sections (3)
    7  through (49), respectively, a new subsection (2) is added to
    8  that section, and present subsections (6), (7), (21), and (35)
    9  of that section are amended, to read:
   10         403.703 Definitions.—As used in this part, the term:
   11         (2)“Auxiliary container” means a reusable or single-use
   12  bag, cup, bottle, can, or other packaging that meets both of the
   13  following requirements:
   14         (a)Is made of cloth; paper; plastic, including, but not
   15  limited to, foamed plastic, expanded plastic, or polystyrene;
   16  cardboard; corrugated material; molded fiber; aluminum; glass;
   17  postconsumer recycled material; or similar material or
   18  substrates, including coated, laminated, or multilayer
   19  substrates.
   20         (b)Is designed for transporting, consuming, or protecting
   21  merchandise, food, or beverages from or at a public food service
   22  establishment as defined in s. 509.013(5), a food establishment
   23  as defined in s. 500.03(1), or a retailer as defined in s.
   24  212.02(13).
   25         (7)(6) “Construction and demolition debris” means discarded
   26  materials generally considered to be not water-soluble and
   27  nonhazardous in nature, including, but not limited to, steel,
   28  glass, brick, concrete, asphalt roofing material, pipe, gypsum
   29  wallboard, and lumber, from the construction or destruction of a
   30  structure as part of a construction or demolition project or
   31  from the renovation of a structure, and includes rocks, soils,
   32  tree remains, trees, and other vegetative matter that normally
   33  results from land clearing or land development operations for a
   34  construction project, including such debris from construction of
   35  structures at a site remote from the construction or demolition
   36  project site. Mixing of construction and demolition debris with
   37  other types of solid waste will cause the resulting mixture to
   38  be classified as other than construction and demolition debris.
   39  The term also includes:
   40         (a) Clean cardboard, paper, plastic, wood, and metal scraps
   41  from a construction project;
   42         (b) Except as provided in s. 403.707(10)(j) s.
   43  403.707(9)(j), yard trash and unpainted, nontreated wood scraps
   44  and wood pallets from sources other than construction or
   45  demolition projects;
   46         (c) Scrap from manufacturing facilities which is the type
   47  of material generally used in construction projects and which
   48  would meet the definition of construction and demolition debris
   49  if it were generated as part of a construction or demolition
   50  project. This includes debris from the construction of
   51  manufactured homes and scrap shingles, wallboard, siding
   52  concrete, and similar materials from industrial or commercial
   53  facilities; and
   54         (d) De minimis amounts of other nonhazardous wastes that
   55  are generated at construction or destruction projects, provided
   56  such amounts are consistent with best management practices of
   57  the industry.
   58         (8)(7) “County,” or any like term, means a political
   59  subdivision of the state established pursuant to s. 1, Art. VIII
   60  of the State Constitution and, when s. 403.706(20) s.
   61  403.706(19) applies, means a special district or other entity.
   62         (22)(21) “Municipality,” or any like term, means a
   63  municipality created pursuant to general or special law
   64  authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
   65  the State Constitution and, when s. 403.706(20) s. 403.706(19)
   66  applies, means a special district or other entity.
   67         (36)(35) “Solid waste” means sludge unregulated under the
   68  federal Clean Water Act or Clean Air Act, sludge from a waste
   69  treatment works, water supply treatment plant, or air pollution
   70  control facility, or garbage, rubbish, refuse, special waste, or
   71  other discarded material, including solid, liquid, semisolid, or
   72  contained gaseous material resulting from domestic, industrial,
   73  commercial, mining, agricultural, or governmental operations.
   74  Recovered materials as defined in subsection (29) (28) and post
   75  use polymers as defined in subsection (25) (24) are not solid
   76  waste.
   77         Section 2. Section 403.7033, Florida Statutes, is amended
   78  to read:
   79         403.7033 Preemption of regulation for auxiliary containers
   80  Departmental analysis of particular recyclable materials.—The
   81  Legislature finds that prudent regulation of recyclable
   82  materials is crucial to the ongoing welfare of Florida’s ecology
   83  and economy. As such, the Department of Environmental Protection
   84  shall review and update its 2010 report on retail bags analyzing
   85  the need for new or different regulation of auxiliary
   86  containers, wrappings, or disposable plastic bags used by
   87  consumers to carry products from retail establishments. The
   88  updated report must include input from state and local
   89  government agencies, stakeholders, private businesses, and
   90  citizens and must evaluate the efficacy and necessity of both
   91  statewide and local regulation of these materials. To ensure
   92  consistent and effective implementation, the department shall
   93  submit the updated report with conclusions and recommendations
   94  to the Legislature no later than December 31, 2021. Until such
   95  time that the Legislature adopts the recommendations of the
   96  department,
   97         (1)The regulation of auxiliary containers is expressly
   98  preempted to the state. A local government, local governmental
   99  agency, or state governmental agency may not enact or enforce
  100  any rule, regulation, or ordinance regarding the use,
  101  disposition, sale, prohibition, restriction, or tax of such
  102  auxiliary containers unless explicitly permitted by statute.
  103         (2)Rules, regulations, or ordinances restricting the use
  104  of glass auxiliary containers within the boundaries of any
  105  public beach are explicitly permitted.
  106         (3)The Division of Recreation and Parks of the Department
  107  of Environmental Protection may regulate auxiliary containers
  108  within state parks consistent with its grant of authority in s.
  109  258.004, wrappings, or disposable plastic bags.
  110         Section 3. Present subsections (2) through (23) of section
  111  403.706, Florida Statutes, are redesignated as subsections (3)
  112  through (24), respectively, a new subsection (2) is added to
  113  that section, and present subsections (4), (6), (7), and (20) of
  114  that section are amended, to read:
  115         403.706 Local government solid waste responsibilities.—
  116         (2)A local government may not issue a construction permit
  117  pursuant to this section for a new solid waste disposal facility
  118  that uses an ash-producing incinerator or for a waste-to-energy
  119  facility, if the proposed location of such facility is sited
  120  within a 1-mile radius of any school or any property zoned for
  121  residential use within that same county which has a density of
  122  one or more dwelling units per acre. The 1-mile radius must be
  123  measured from the stack of the facility. This subsection applies
  124  only to a county as defined in s. 125.011(1).
  125         (5)(a)(4)(a) In order to promote the production of
  126  renewable energy from solid waste, each megawatt-hour produced
  127  by a renewable energy facility using solid waste as a fuel shall
  128  count as 1 ton of recycled material and shall be applied toward
  129  meeting the recycling goals set forth in this section. If a
  130  county creating renewable energy from solid waste implements and
  131  maintains a program to recycle at least 50 percent of municipal
  132  solid waste by a means other than creating renewable energy,
  133  that county shall count 1.25 tons of recycled material for each
  134  megawatt-hour produced. If waste originates from a county other
  135  than the county in which the renewable energy facility resides,
  136  the originating county shall receive such recycling credit. Any
  137  byproduct resulting from the creation of renewable energy that
  138  is recycled shall count towards the county recycling goals in
  139  accordance with the methods and criteria developed pursuant to
  140  paragraph (3)(h) (2)(h).
  141         (b) A county may receive credit for one-half of the
  142  recycling goal set forth in subsection (3) (2) from the use of
  143  yard trash, or other clean wood waste or paper waste, in
  144  innovative programs including, but not limited to, programs that
  145  produce alternative clean-burning fuels such as ethanol or that
  146  provide for the conversion of yard trash or other clean wood
  147  waste or paper waste to clean-burning fuel for the production of
  148  energy for use at facilities other than a waste-to-energy
  149  facility as defined in s. 403.7061. The provisions of this
  150  paragraph apply only if a county can demonstrate that:
  151         1. The county has implemented a yard trash mulching or
  152  composting program, and
  153         2. As part of the program, compost and mulch made from yard
  154  trash is available to the general public and in use at county
  155  owned or maintained and municipally owned or maintained
  156  facilities in the county and state agencies operating in the
  157  county as required by this section.
  158         (c) A county with a population of 100,000 or less may
  159  provide its residents with the opportunity to recycle in lieu of
  160  achieving the goal set forth in this section. For the purposes
  161  of this section, the “opportunity to recycle” means that the
  162  county:
  163         1.a. Provides a system for separating and collecting
  164  recyclable materials prior to disposal that is located at a
  165  solid waste management facility or solid waste disposal area; or
  166         b. Provides a system of places within the county for
  167  collection of source-separated recyclable materials.
  168         2. Provides a public education and promotion program that
  169  is conducted to inform its residents of the opportunity to
  170  recycle, encourages source separation of recyclable materials,
  171  and promotes the benefits of reducing, reusing, recycling, and
  172  composting materials.
  173         (7)(6) The department may reduce or modify the municipal
  174  solid waste recycling goal that a county is required to achieve
  175  pursuant to subsection (3) (2) if the county demonstrates to the
  176  department that:
  177         (a) The achievement of the goal set forth in subsection (3)
  178  (2) would have an adverse effect on the financial obligations of
  179  a county that are directly related to a waste-to-energy facility
  180  owned or operated by or on behalf of the county; and
  181         (b) The county cannot remove normally combustible materials
  182  from solid waste that is to be processed at a waste-to-energy
  183  facility because of the need to maintain a sufficient amount of
  184  solid waste to ensure the financial viability of the facility.
  185  
  186  The goal shall not be waived entirely and may only be reduced or
  187  modified to the extent necessary to alleviate the adverse
  188  effects of achieving the goal on the financial viability of a
  189  county’s waste-to-energy facility. Nothing in this subsection
  190  shall exempt a county from developing and implementing a
  191  recycling program pursuant to this act.
  192         (8)(7) In order to assess the progress in meeting the goal
  193  set forth in subsection (3) (2), each county shall, by April 1
  194  each year, provide information to the department regarding its
  195  annual solid waste management program and recycling activities.
  196         (a) The information submitted to the department by the
  197  county must, at a minimum, include:
  198         1. The amount of municipal solid waste disposed of at solid
  199  waste disposal facilities, by type of waste such as yard trash,
  200  white goods, clean debris, tires, and unseparated solid waste;
  201         2. The amount and type of materials from the municipal
  202  solid waste stream that were recycled; and
  203         3. The percentage of the population participating in
  204  various types of recycling activities instituted.
  205         (b) Beginning with the data for the 2012 calendar year, the
  206  department shall by July 1 each year post on its website the
  207  recycling rates of each county for the prior calendar year.
  208         (21)(20) In addition to any other penalties provided by
  209  law, a local government that does not comply with the
  210  requirements of subsections (3) and (5) is (2) and (4) shall not
  211  be eligible for grants from the Solid Waste Management Trust
  212  Fund, and the department may notify the Chief Financial Officer
  213  to withhold payment of all or a portion of funds payable to the
  214  local government by the department from the General Revenue Fund
  215  or by the department from any other state fund, to the extent
  216  not pledged to retire bonded indebtedness, unless the local
  217  government demonstrates that good faith efforts to meet the
  218  requirements of subsections (3) and (5) (2) and (4) have been
  219  made or that the funds are being or will be used to finance the
  220  correction of a pollution control problem that spans
  221  jurisdictional boundaries.
  222         Section 4. Present subsections (6) through (14) of section
  223  403.707, Florida Statutes, are redesignated as subsections (7)
  224  through (15), respectively, a new subsection (6) is added to
  225  that section, and paragraph (j) of present subsection (9) of
  226  that section is amended, to read:
  227         403.707 Permits.—
  228         (6) The department may not issue a construction permit
  229  pursuant to this section for a new solid waste disposal facility
  230  that uses an ash-producing incinerator or for a waste-to-energy
  231  facility, if the proposed location of such facility is sited
  232  within a 1-mile radius of any school or any property zoned for
  233  residential use within that same county which has a density of
  234  one or more dwelling units per acre. The 1-mile radius must be
  235  measured from the stack of the facility. This subsection applies
  236  only to a county as defined in s. 125.011(1).
  237         (10)(9) The department shall establish a separate category
  238  for solid waste management facilities that accept only
  239  construction and demolition debris for disposal or recycling.
  240  The department shall establish a reasonable schedule for
  241  existing facilities to comply with this section to avoid undue
  242  hardship to such facilities. However, a permitted solid waste
  243  disposal unit that receives a significant amount of waste prior
  244  to the compliance deadline established in this schedule shall
  245  not be required to be retrofitted with liners or leachate
  246  control systems.
  247         (j) The Legislature recognizes that recycling, waste
  248  reduction, and resource recovery are important aspects of an
  249  integrated solid waste management program and as such are
  250  necessary to protect the public health and the environment. If
  251  necessary to promote such an integrated program, the county may
  252  determine, after providing notice and an opportunity for a
  253  hearing prior to April 30, 2008, that some or all of the
  254  material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
  255  excluded from the definition of “construction and demolition
  256  debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
  257  of such county. The county may make such a determination only if
  258  it finds that, prior to June 1, 2007, the county has established
  259  an adequate method for the use or recycling of such wood
  260  material at an existing or proposed solid waste management
  261  facility that is permitted or authorized by the department on
  262  June 1, 2007. The county is not required to hold a hearing if
  263  the county represents that it previously has held a hearing for
  264  such purpose, or if the county represents that it previously has
  265  held a public meeting or hearing that authorized such method for
  266  the use or recycling of trash or other nonputrescible waste
  267  materials and that such materials include those materials
  268  described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
  269  provide written notice of its determination to the department by
  270  no later than April 30, 2008; thereafter, the materials
  271  described in s. 403.703(7) s. 403.703(6) shall be excluded from
  272  the definition of “construction and demolition debris” in s.
  273  403.703(7) s. 403.703(6) within the jurisdiction of such county.
  274  The county may withdraw or revoke its determination at any time
  275  by providing written notice to the department.
  276         Section 5. Subsection (5) of section 403.7049, Florida
  277  Statutes, is amended to read:
  278         403.7049 Determination of full cost for solid waste
  279  management; local solid waste management fees.—
  280         (5) In order to assist in achieving the municipal solid
  281  waste reduction goal and the recycling provisions of s.
  282  403.706(3) s. 403.706(2), a county or a municipality which owns
  283  or operates a solid waste management facility is hereby
  284  authorized to charge solid waste disposal fees which may vary
  285  based on a number of factors, including, but not limited to, the
  286  amount, characteristics, and form of recyclable materials
  287  present in the solid waste that is brought to the county’s or
  288  the municipality’s facility for processing or disposal.
  289         Section 6. Paragraph (c) of subsection (2) and subsection
  290  (3) of section 403.705, Florida Statutes, are amended to read:
  291         403.705 State solid waste management program.—
  292         (2) The state solid waste management program shall include,
  293  at a minimum:
  294         (c) Planning guidelines and technical assistance to
  295  counties and municipalities to aid in meeting the municipal
  296  solid waste recycling goals established in s. 403.706(3) s.
  297  403.706(2).
  298         (3) The department shall evaluate and report biennially to
  299  the President of the Senate and the Speaker of the House of
  300  Representatives on the state’s success in meeting the solid
  301  waste recycling goal as described in s. 403.706(3) s.
  302  403.706(2).
  303         Section 7. This act shall take effect July 1, 2025.
  304  
  305  ================= T I T L E  A M E N D M E N T ================
  306  And the title is amended as follows:
  307         Delete everything before the enacting clause
  308  and insert:
  309                        A bill to be entitled                      
  310         An act relating to waste management; amending s.
  311         403.703, F.S.; defining the term “auxiliary
  312         container”; conforming cross-references; amending s.
  313         403.7033, F.S.; deleting obsolete provisions that
  314         provide legislative findings and require the
  315         Department of Environmental Protection to review and
  316         update a specified report; preempting the regulation
  317         of auxiliary containers to the state; permitting
  318         rules, regulations, or ordinances restricting the use
  319         of glass auxiliary containers within the boundaries of
  320         a public beach; authorizing the Division of Recreation
  321         and Parks to regulate auxiliary containers within
  322         state parks; amending ss. 403.706 and 403.707, F.S.;
  323         prohibiting a local government and the Department of
  324         Environmental Protection, respectively, from issuing a
  325         construction permit for certain solid waste disposal
  326         facilities in certain counties; providing
  327         applicability; conforming a provision to changes made
  328         by the act; conforming cross-references; amending ss.
  329         403.7049 and 403.705, F.S.; conforming cross
  330         references; providing an effective date.