Senate Bill sb1630

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 1630

    By Senator Smith





    14-1371-05                                          See HB 589

  1                      A bill to be entitled

  2         An act relating to recycling of recovered

  3         construction and demolition materials; creating

  4         s. 403.7047, F.S.; providing purpose; providing

  5         a definition; requiring local governments to

  6         create, if feasible, separate franchises for

  7         the collection, transportation, and recycling

  8         of recovered construction and demolition

  9         materials; providing for determination of

10         feasibility; providing sanctions; providing an

11         effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 403.7047, Florida Statutes, is

16  created to read:

17         403.7047  Recycling of recovered construction and

18  demolition materials.--

19         (1)  Pursuant to the intent expressed in s.

20  403.707(12), the purpose of this section is to promote the

21  recycling of recovered construction and demolition materials.

22         (2)(a)  As used in this section, the term "recovered

23  construction and demolition material" means any recyclable

24  material from construction and demolition debris that has been

25  separated at the permitted construction or demolition site and

26  placed into a separate container for purposes of being

27  recycled. Recovered construction and demolition materials

28  include brick; concrete; unpainted, nontreated wood; metal;

29  glass; cardboard; paper; and plastic.

30         (b)1.  The mixing of recovered construction and

31  demolition materials with each other will cause the mixed

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1630
    14-1371-05                                          See HB 589




 1  material to be classified as construction and demolition

 2  debris.

 3         2.  The mixing of construction and demolition debris or

 4  recovered construction and demolition materials with other

 5  types of solid waste will cause the mixture to be classified

 6  as other than construction and demolition debris or recovered

 7  construction and demolition materials.

 8         (3)(a)  Prior to the renewal of a solid waste

 9  management franchise agreement, a local government should

10  consider the feasibility of creating a separate franchise for

11  the collection, transportation, and recycling of recovered

12  construction and demolition materials and, if feasible, should

13  create such a separate franchise. A determination of

14  feasibility shall be based upon currently available funding or

15  funding sources that could reasonably be expected to become

16  available for such purpose.

17         (b)  In addition to any other penalties provided by

18  law, a local government that does not comply with the

19  requirements of paragraph (a) shall not be eligible for grants

20  from the Solid Waste Management Trust Fund, and the department

21  may notify the Chief Financial Officer to withhold payment of

22  all or a portion of funds payable to the local government by

23  the department from the General Revenue Fund or by the

24  department from any other state fund, to the extent not

25  pledged to retire bonded indebtedness, unless the local

26  government demonstrates that good faith efforts to meet the

27  requirements of paragraph (a) have been made or that the funds

28  are being or will be used to finance the recycling of

29  recovered construction and demolition materials.

30         (4)  Nothing in this section shall limit the authority

31  of the state or any local government to regulate the

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 1630
    14-1371-05                                          See HB 589




 1  collection, transportation, processing, or handling of

 2  construction and demolition debris in order to protect the

 3  public health, safety, and welfare.

 4         Section 2.  This act shall take effect January 1, 2006.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.