The Florida Senate

403.7199  Florida Packaging Council.--

(1)  To ensure that the recycled material content goals specified by law are technically sound and are achievable through a diligent effort by manufacturers, there is created within the department the Florida Packaging Council, which consists of 24 members. Appointments to the council must be made by September 1, 1993, as follows:

(a)  The Governor shall appoint eight members to the council, of whom one must be a representative of the Florida Retail Federation, two must be representatives of environmental groups, and at least four members must be representatives of the packaging manufacturing industry, including one representative of the Grocery Manufacturers of America. Two initial members must be appointed to serve terms of 1 year, and three initial members must be appointed to serve terms of 2 years.

(b)  The President of the Senate shall appoint one representative of an environmental group, one representative of the plastic-packaging manufacturing industry, one representative of the ferrous-packaging manufacturing industry, one representative of the nondurable-packaging manufacturing industry, one representative of municipal government, one member of the Senate, one member of the Associated Industries of Florida, Inc., and one member of the Society of the Plastics Industry. Three initial members must be appointed to serve terms of 1 year, and three initial members must be appointed to serve terms of 2 years.

(c)  The Speaker of the House of Representatives shall appoint one representative of the independent recycling industry, one representative of county government, one representative of an environmental group, one representative of the paper-packaging manufacturing industry, one representative of the aseptic-packaging manufacturing industry, one representative of the Florida Soft Drink Association, one member of the House of Representatives, and one representative of the pulp and paper industry. Three initial members must be appointed to serve terms of 1 year, and two initial members must be appointed to serve terms of 2 years.

(d)  Except for specified initial members, the council members are appointed to terms of 3 years. Vacancies must be filled in the same manner as the original appointments. All members appointed to the council shall have the technical expertise necessary to fulfill the requirements of this section.

(2)(a)  The council shall meet at least quarterly and shall hold its organizational meeting no later than October 1, 1993. The council shall elect a chairperson at its organizational meeting.

(b)  Members of the council shall serve without compensation but are entitled to receive reimbursement for per diem and travel expenses in accordance with s. 112.061.

(3)  On December 1, 1993, and annually thereafter, the council shall issue a summary to the Governor, the President of the Senate, and the Speaker of the House of Representatives, which summary must contain reports on the aluminum, steel, or other metals, paper, glass, plastic, and plastic-coated paper packaging materials. The summary shall include information for each type of plastic resin identified in ¹s. 403.708(9), and may contain information for subclassifications of other packaging materials. The reports must attempt to provide specific recommendations and proposed legislation to develop a comprehensive package reduction and market development program, and must contain the following information for each type of packaging material:

(a)  A comparison of the recovery rate in this state to the national recovery rate, and an explanation of any variance.

(b)  A comparison of the recycled content of packaging in this state to the national recycled content of packaging, and an explanation of any variance.

(c)  A comparison of the source reduction of packaging manufactured from that material in this state to the source reduction of packages manufactured nationally, and an explanation of any variance.

(4)  The summary must also include:

(a)  A discussion of any new product or research, demonstration, or pilot projects that further the purposes of this section.

(b)  The status of the material collection activities in the state, with emphasis on those products manufactured from the collected materials for which the increased use in this state exceeds the increased use nationally.

(c)  The status of those products for which the growth in recyclability in this state is less than it is nationally, and an explanation of any variance.

(d)  Estimates of the additional cost per container to the manufacturer for incremental increases in the recycled material content, and a discussion of whether the recycled material content goals specified in ²s. 403.7197 are achievable with a diligent effort by manufacturers.

(e)  A discussion of modifications to the recycled material content goals specified by law to stimulate the market for recovered materials.

(f)  A discussion of impediments to the achievement of the objectives of the council. Such impediments may include, but are not limited to, the collection infrastructure, the state transportation system, or port facilities.

(5)  Information obtained pursuant to this section which, if disclosed, would reveal a trade secret, as defined in s. 812.081(1)(c), is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(6)  The council shall also recommend a program and guidelines for the purchase and transfer of credits for meeting the recycled material content goals established by law.

History.--s. 34, ch. 93-207; s. 407, ch. 94-356; s. 3, ch. 95-366; s. 242, ch. 96-406; s. 43, ch. 99-5.

¹Note.--Redesignated as s. 403.708(8) to conform to the repeal of subsection (3) by s. 1, ch. 97-23.

²Note.--Repealed by s. 26, ch. 97-94.