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.