Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1609, 1st Eng.
Ì569736PÎ569736
LEGISLATIVE ACTION
Senate . House
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Floor: 1a/RE/2R .
04/29/2025 04:29 PM .
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Senator Martin moved the following:
1 Senate Amendment to Amendment (397706) (with title
2 amendment)
3
4 Delete lines 60 - 301
5 and insert:
6 of the State Constitution and, when s. 403.706(21) s.
7 403.706(19) applies, means a special district or other entity.
8 (22)(21) “Municipality,” or any like term, means a
9 municipality created pursuant to general or special law
10 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
11 the State Constitution and, when s. 403.706(21) s. 403.706(19)
12 applies, means a special district or other entity.
13 (36)(35) “Solid waste” means sludge unregulated under the
14 federal Clean Water Act or Clean Air Act, sludge from a waste
15 treatment works, water supply treatment plant, or air pollution
16 control facility, or garbage, rubbish, refuse, special waste, or
17 other discarded material, including solid, liquid, semisolid, or
18 contained gaseous material resulting from domestic, industrial,
19 commercial, mining, agricultural, or governmental operations.
20 Recovered materials as defined in subsection (29) (28) and post
21 use polymers as defined in subsection (25) (24) are not solid
22 waste.
23 Section 2. Section 403.7033, Florida Statutes, is amended
24 to read:
25 403.7033 Preemption of regulation for auxiliary containers
26 Departmental analysis of particular recyclable materials.—The
27 Legislature finds that prudent regulation of recyclable
28 materials is crucial to the ongoing welfare of Florida’s ecology
29 and economy. As such, the Department of Environmental Protection
30 shall review and update its 2010 report on retail bags analyzing
31 the need for new or different regulation of auxiliary
32 containers, wrappings, or disposable plastic bags used by
33 consumers to carry products from retail establishments. The
34 updated report must include input from state and local
35 government agencies, stakeholders, private businesses, and
36 citizens and must evaluate the efficacy and necessity of both
37 statewide and local regulation of these materials. To ensure
38 consistent and effective implementation, the department shall
39 submit the updated report with conclusions and recommendations
40 to the Legislature no later than December 31, 2021. Until such
41 time that the Legislature adopts the recommendations of the
42 department,
43 (1) The regulation of auxiliary containers is expressly
44 preempted to the state. A local government, local governmental
45 agency, or state governmental agency may not enact or enforce
46 any rule, regulation, or ordinance regarding the use,
47 disposition, sale, prohibition, restriction, or tax of such
48 auxiliary containers unless explicitly permitted by statute.
49 (2) Rules, regulations, or ordinances restricting the use
50 of glass auxiliary containers within the boundaries of any
51 public beach are explicitly permitted.
52 (3) The Division of Recreation and Parks of the Department
53 of Environmental Protection may regulate auxiliary containers
54 within state parks consistent with its grant of authority in s.
55 258.004, wrappings, or disposable plastic bags.
56 Section 3. Present subsections (2) through (23) of section
57 403.706, Florida Statutes, are redesignated as subsections (4)
58 through (25), respectively, new subsections (2) and (3) are
59 added to that section, and present subsections (4), (6), (7),
60 and (20) of that section are amended, to read:
61 403.706 Local government solid waste responsibilities.—
62 (2) A local government may not issue a construction permit
63 pursuant to this section for a new solid waste disposal facility
64 that uses an ash-producing incinerator or for a waste-to-energy
65 facility, if the proposed location of such facility is sited
66 within a 1-mile radius of any school or any property zoned for
67 residential use within that same county which has a density of
68 one or more dwelling units per acre. The 1-mile radius must be
69 measured from the stack of the facility. This subsection applies
70 only to a county as defined in s. 125.011(1).
71 (3) A local government may not issue a construction permit
72 pursuant to this section for the expansion of any existing
73 landfill that was permitted on or before December 2, 1970, the
74 date on which the United States Environmental Protection Agency
75 was established, and that is located within a 1-mile radius of
76 any property zoned residential unless the entirety of the site
77 is remediated and compliant with the department’s environmental
78 standards.
79 (a) A feasibility study must be conducted before the
80 issuance of a permit to expand the existing landfill. The
81 feasibility study must do all of the following:
82 1. Identify potential waste-to-energy technologies and
83 processes that reduce landfill dependence and greenhouse gas
84 emissions including, but not limited to, anaerobic digestion,
85 plasma arc technology, and mixed waste processing.
86 2. Evaluate the financial costs of using such technologies
87 and processes and the benefits of local siting and government
88 ownership.
89 3. Evaluate the technical feasibility of expansion,
90 considering engineering requirements, infrastructure needs,
91 technological advancements, and regulatory compliance.
92 4. Evaluate relevant and appropriate data and analyses,
93 such as surveys, studies, community goals and vision, and data
94 used in preparation of the comprehensive plan, from
95 professionally accepted sources.
96 5. Identify and evaluate potential risks and challenges
97 associated with the project.
98 (b) The local government shall review and discuss in a
99 public meeting the results of the feasibility study and provide
100 a rationale for expanding the landfill.
101 (6)(a)(4)(a) In order to promote the production of
102 renewable energy from solid waste, each megawatt-hour produced
103 by a renewable energy facility using solid waste as a fuel shall
104 count as 1 ton of recycled material and shall be applied toward
105 meeting the recycling goals set forth in this section. If a
106 county creating renewable energy from solid waste implements and
107 maintains a program to recycle at least 50 percent of municipal
108 solid waste by a means other than creating renewable energy,
109 that county shall count 1.25 tons of recycled material for each
110 megawatt-hour produced. If waste originates from a county other
111 than the county in which the renewable energy facility resides,
112 the originating county shall receive such recycling credit. Any
113 byproduct resulting from the creation of renewable energy that
114 is recycled shall count towards the county recycling goals in
115 accordance with the methods and criteria developed pursuant to
116 paragraph (4)(h) (2)(h).
117 (b) A county may receive credit for one-half of the
118 recycling goal set forth in subsection (4) (2) from the use of
119 yard trash, or other clean wood waste or paper waste, in
120 innovative programs including, but not limited to, programs that
121 produce alternative clean-burning fuels such as ethanol or that
122 provide for the conversion of yard trash or other clean wood
123 waste or paper waste to clean-burning fuel for the production of
124 energy for use at facilities other than a waste-to-energy
125 facility as defined in s. 403.7061. The provisions of this
126 paragraph apply only if a county can demonstrate that:
127 1. The county has implemented a yard trash mulching or
128 composting program, and
129 2. As part of the program, compost and mulch made from yard
130 trash is available to the general public and in use at county
131 owned or maintained and municipally owned or maintained
132 facilities in the county and state agencies operating in the
133 county as required by this section.
134 (c) A county with a population of 100,000 or less may
135 provide its residents with the opportunity to recycle in lieu of
136 achieving the goal set forth in this section. For the purposes
137 of this section, the “opportunity to recycle” means that the
138 county:
139 1.a. Provides a system for separating and collecting
140 recyclable materials prior to disposal that is located at a
141 solid waste management facility or solid waste disposal area; or
142 b. Provides a system of places within the county for
143 collection of source-separated recyclable materials.
144 2. Provides a public education and promotion program that
145 is conducted to inform its residents of the opportunity to
146 recycle, encourages source separation of recyclable materials,
147 and promotes the benefits of reducing, reusing, recycling, and
148 composting materials.
149 (8)(6) The department may reduce or modify the municipal
150 solid waste recycling goal that a county is required to achieve
151 pursuant to subsection (4) (2) if the county demonstrates to the
152 department that:
153 (a) The achievement of the goal set forth in subsection (4)
154 (2) would have an adverse effect on the financial obligations of
155 a county that are directly related to a waste-to-energy facility
156 owned or operated by or on behalf of the county; and
157 (b) The county cannot remove normally combustible materials
158 from solid waste that is to be processed at a waste-to-energy
159 facility because of the need to maintain a sufficient amount of
160 solid waste to ensure the financial viability of the facility.
161
162 The goal shall not be waived entirely and may only be reduced or
163 modified to the extent necessary to alleviate the adverse
164 effects of achieving the goal on the financial viability of a
165 county’s waste-to-energy facility. Nothing in this subsection
166 shall exempt a county from developing and implementing a
167 recycling program pursuant to this act.
168 (9)(7) In order to assess the progress in meeting the goal
169 set forth in subsection (4) (2), each county shall, by April 1
170 each year, provide information to the department regarding its
171 annual solid waste management program and recycling activities.
172 (a) The information submitted to the department by the
173 county must, at a minimum, include:
174 1. The amount of municipal solid waste disposed of at solid
175 waste disposal facilities, by type of waste such as yard trash,
176 white goods, clean debris, tires, and unseparated solid waste;
177 2. The amount and type of materials from the municipal
178 solid waste stream that were recycled; and
179 3. The percentage of the population participating in
180 various types of recycling activities instituted.
181 (b) Beginning with the data for the 2012 calendar year, the
182 department shall by July 1 each year post on its website the
183 recycling rates of each county for the prior calendar year.
184 (22)(20) In addition to any other penalties provided by
185 law, a local government that does not comply with the
186 requirements of subsections (4) and (6) is (2) and (4) shall not
187 be eligible for grants from the Solid Waste Management Trust
188 Fund, and the department may notify the Chief Financial Officer
189 to withhold payment of all or a portion of funds payable to the
190 local government by the department from the General Revenue Fund
191 or by the department from any other state fund, to the extent
192 not pledged to retire bonded indebtedness, unless the local
193 government demonstrates that good faith efforts to meet the
194 requirements of subsections (4) and (6) (2) and (4) have been
195 made or that the funds are being or will be used to finance the
196 correction of a pollution control problem that spans
197 jurisdictional boundaries.
198 Section 4. Present subsections (6) through (14) of section
199 403.707, Florida Statutes, are redesignated as subsections (8)
200 through (16), respectively, new subsections (6) and (7) are
201 added to that section, and paragraph (j) of present subsection
202 (9) of that section is amended, to read:
203 403.707 Permits.—
204 (6) The department may not issue a construction permit
205 pursuant to this section for a new solid waste disposal facility
206 that uses an ash-producing incinerator or for a waste-to-energy
207 facility, if the proposed location of such facility is sited
208 within a 1-mile radius of any school or any property zoned for
209 residential use within that same county which has a density of
210 one or more dwelling units per acre. The 1-mile radius must be
211 measured from the stack of the facility. This subsection applies
212 only to a county as defined in s. 125.011(1).
213 (7) The department may not issue a construction permit
214 pursuant to this section for the expansion of any existing
215 landfill that was permitted on or before December 2, 1970, the
216 date on which the United States Environmental Protection Agency
217 was established, and that is located within a 1-mile radius of
218 any property zoned residential unless the entirety of the site
219 is remediated and compliant with the department’s environmental
220 standards.
221 (a) A feasibility study must be conducted before the
222 issuance of a permit to expand the existing landfill. The
223 feasibility study must do all of the following:
224 1. Identify potential waste-to-energy technologies and
225 processes that reduce landfill dependence and greenhouse gas
226 emissions including, but not limited to, anaerobic digestion,
227 plasma arc technology, and mixed waste processing.
228 2. Evaluate the financial costs of such technologies and
229 processes and the benefits of local siting and government
230 ownership.
231 3. Evaluate the technical feasibility of expansion,
232 considering engineering requirements, infrastructure needs,
233 technological advancements, and regulatory compliance.
234 4. Evaluate relevant and appropriate data and analyses,
235 such as surveys, studies, community goals and vision, and data
236 used in preparation of the comprehensive plan, from
237 professionally accepted sources.
238 5. Identify and evaluate potential risks and challenges
239 associated with the project.
240 (b) The department shall review and discuss in a public
241 meeting the results of the feasibility study and provide a
242 rationale for expanding the landfill.
243 (11)(9) The department shall establish a separate category
244 for solid waste management facilities that accept only
245 construction and demolition debris for disposal or recycling.
246 The department shall establish a reasonable schedule for
247 existing facilities to comply with this section to avoid undue
248 hardship to such facilities. However, a permitted solid waste
249 disposal unit that receives a significant amount of waste prior
250 to the compliance deadline established in this schedule shall
251 not be required to be retrofitted with liners or leachate
252 control systems.
253 (j) The Legislature recognizes that recycling, waste
254 reduction, and resource recovery are important aspects of an
255 integrated solid waste management program and as such are
256 necessary to protect the public health and the environment. If
257 necessary to promote such an integrated program, the county may
258 determine, after providing notice and an opportunity for a
259 hearing prior to April 30, 2008, that some or all of the
260 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
261 excluded from the definition of “construction and demolition
262 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
263 of such county. The county may make such a determination only if
264 it finds that, prior to June 1, 2007, the county has established
265 an adequate method for the use or recycling of such wood
266 material at an existing or proposed solid waste management
267 facility that is permitted or authorized by the department on
268 June 1, 2007. The county is not required to hold a hearing if
269 the county represents that it previously has held a hearing for
270 such purpose, or if the county represents that it previously has
271 held a public meeting or hearing that authorized such method for
272 the use or recycling of trash or other nonputrescible waste
273 materials and that such materials include those materials
274 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
275 provide written notice of its determination to the department by
276 no later than April 30, 2008; thereafter, the materials
277 described in s. 403.703(7) s. 403.703(6) shall be excluded from
278 the definition of “construction and demolition debris” in s.
279 403.703(7) s. 403.703(6) within the jurisdiction of such county.
280 The county may withdraw or revoke its determination at any time
281 by providing written notice to the department.
282 Section 5. Subsection (5) of section 403.7049, Florida
283 Statutes, is amended to read:
284 403.7049 Determination of full cost for solid waste
285 management; local solid waste management fees.—
286 (5) In order to assist in achieving the municipal solid
287 waste reduction goal and the recycling provisions of s.
288 403.706(4) s. 403.706(2), a county or a municipality which owns
289 or operates a solid waste management facility is hereby
290 authorized to charge solid waste disposal fees which may vary
291 based on a number of factors, including, but not limited to, the
292 amount, characteristics, and form of recyclable materials
293 present in the solid waste that is brought to the county’s or
294 the municipality’s facility for processing or disposal.
295 Section 6. Paragraph (c) of subsection (2) and subsection
296 (3) of section 403.705, Florida Statutes, are amended to read:
297 403.705 State solid waste management program.—
298 (2) The state solid waste management program shall include,
299 at a minimum:
300 (c) Planning guidelines and technical assistance to
301 counties and municipalities to aid in meeting the municipal
302 solid waste recycling goals established in s. 403.706(4) s.
303 403.706(2).
304 (3) The department shall evaluate and report biennially to
305 the President of the Senate and the Speaker of the House of
306 Representatives on the state’s success in meeting the solid
307 waste recycling goal as described in s. 403.706(4) s.
308
309 ================= T I T L E A M E N D M E N T ================
310 And the title is amended as follows:
311 Delete lines 322 - 327
312 and insert:
313 state parks; amending s. 403.706, F.S.; prohibiting a
314 local government from issuing a construction permit
315 for certain solid waste disposal facilities in certain
316 counties; providing applicability; prohibiting a local
317 government from issuing a permit for the expansion of
318 certain existing landfills unless a feasibility study
319 is conducted; specifying requirements for the
320 feasibility study; requiring the local government to
321 review and discuss at a certain meeting the results of
322 the feasibility study and provide a rationale for
323 expanding the landfill; amending s. 403.707, F.S.;
324 prohibiting the Department of Environmental Protection
325 from issuing a construction permit for certain solid
326 waste disposal facilities in certain counties;
327 providing applicability; prohibiting the department
328 from issuing a permit for the expansion of certain
329 existing landfills unless a feasibility study is
330 conducted; specifying requirements for the feasibility
331 study; requiring the department to review and discuss
332 at a certain meeting the results of the feasibility
333 study and provide a rationale for expanding the
334 landfill; conforming a provision to changes made