Florida Senate - 2019                                     SB 672
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00189-19                                            2019672__
    1                        A bill to be entitled                      
    2         An act relating to beverage container deposits;
    3         creating s. 403.778, F.S.; providing a short title;
    4         defining terms; establishing a refund value for
    5         specified beverage containers; requiring dealers and
    6         consumers in this state to pay a deposit fee for
    7         specified beverage containers; requiring that certain
    8         information be affixed to or printed on deposit
    9         beverage containers; prohibiting the establishment or
   10         operation of a redemption center unless it is
   11         registered with the Department of Environmental
   12         Protection; providing minimum standards for
   13         registration; requiring that information provided to
   14         the department in the registration process be kept
   15         current; providing that persons establishing a
   16         redemption center have a certain right; providing
   17         requirements for redemption centers; prohibiting
   18         redemption centers from paying the refund value for
   19         certain containers; authorizing the use of reverse
   20         vending machines under certain circumstances;
   21         specifying requirements and procedures for certain
   22         deposit beverage dealers and distributors; requiring
   23         distributors to pay a handling fee of at least a
   24         specified amount to dealers and redemption centers;
   25         requiring certain dealers, distributors, redemption
   26         centers, and recycling facilities to submit specified
   27         information to the department and to make records
   28         available to the department upon request; authorizing
   29         the department or other specified entities to conduct
   30         certain audits; clarifying that certain trade secret
   31         information is confidential but authorizing the
   32         release of that information in a manner that would not
   33         reveal the trade secret; requiring the department to
   34         adopt rules; providing that distributors and dealers
   35         are not obligated to accept or take and pay the refund
   36         value for containers not originally sold in this
   37         state; prohibiting certain transactions involving such
   38         empty deposit beverage containers and requiring a
   39         specified notice to customers; providing a civil
   40         penalty for violations; providing for disposition of
   41         the penalty; requiring such penalties to be publicly
   42         noticed; prohibiting local governments from imposing
   43         fees for the same or a similar purpose; providing an
   44         effective date.
   45  
   46         WHEREAS, the Legislature finds that roadside litter
   47  presents an obstacle to the promotion of tourism and that
   48  reducing the amount of roadside litter improves the quality of
   49  life for the residents of this state, and
   50         WHEREAS, the Legislature further finds that recycling is an
   51  important element of an integrated solid waste management system
   52  that protects and preserves environmental resources and reduces
   53  economic costs to residents and businesses in this state, and
   54         WHEREAS, the Legislature further finds that the reduction
   55  of litter and the expansion of recycling program participation
   56  is in the best interest of Floridians and visitors to this
   57  state, and
   58         WHEREAS, the purposes of this act are to reduce litter, to
   59  increase recycling rates for specified deposit beverage
   60  containers, to encourage recycling, to reduce waste disposal
   61  costs, to provide a connection between manufacturing decisions
   62  and recycling program management, to create local jobs, to
   63  combat climate change, and to save energy, NOW, THEREFORE,
   64  
   65  Be It Enacted by the Legislature of the State of Florida:
   66  
   67         Section 1. Section 403.778, Florida Statutes, is created to
   68  read:
   69         403.778Beverage container deposits.—
   70         (1) SHORT TITLE.—This section may be cited as the “Florida
   71  Beverage Container Deposit Act.”
   72         (2) DEFINITIONS.—As used in this section, the term:
   73         (a)“Certified recovered materials dealer” has the same
   74  meaning as in s. 403.7046.
   75         (b) “Consumer” means a person who buys a deposit beverage
   76  in a deposit beverage container for use or consumption and pays
   77  the deposit.
   78         (c) “Dealer” means a person who engages in the sale of
   79  deposit beverages in deposit beverage containers in the state to
   80  a consumer for off-premises consumption.
   81         (d) “Deposit beverage” means beer, ale, or another drink
   82  produced by fermenting malt; mixed spirits, mixed wine, wine,
   83  distilled spirits, and wine coolers; tea and coffee drinks,
   84  regardless of any dairy-derived product content; soda;
   85  carbonated and noncarbonated water; and all nonalcoholic drinks
   86  in liquid form which are intended for internal human consumption
   87  and are contained in a deposit beverage container. The term does
   88  not include:
   89         1. A liquid that is a syrup in a concentrated form or that
   90  is typically added as an incidental flavoring ingredient in food
   91  or drink, such as extracts, cooking additives, sauces, or
   92  condiments.
   93         2. A liquid that is a drug, medical food, or infant formula
   94  as defined by the Federal Food, Drug, and Cosmetic Act, 21
   95  U.S.C. ss. 301 et seq.
   96         3. A liquid that is designed and consumed only as a dietary
   97  supplement as defined in the Dietary Supplement Health and
   98  Education Act of 1994, Pub. L. No. 103-417, and not as a
   99  beverage.
  100         4. Products that are frozen at the time of sale to the
  101  consumer or, in the case of institutional users such as
  102  hospitals and nursing homes, at the time of sale to such users.
  103         5. Products designed to be consumed in a frozen state.
  104         6. Instant drink powders.
  105         7. Seafood, meat, or vegetable broths or soups, but not
  106  juices made or derived from these products.
  107         8. Milk and all other dairy-derived products, except tea
  108  and coffee drinks containing such products.
  109         (e) “Deposit beverage container” means a sealed, individual
  110  container made of glass, aluminum, steel, bimetal, or plastic,
  111  including polyethylene terephthalate, high-density polyethylene,
  112  and all other plastic types and grades, in sizes of at least 6
  113  fluid ounces but no more than 1 gallon, and used, at the time of
  114  sale to the consumer, for containing a deposit beverage intended
  115  for use or consumption in this state.
  116         (f) “Distributor” means a person who is a manufacturer of
  117  deposit beverages in deposit beverage containers in this state
  118  or who buys, brings, or accepts delivery of deposit beverage
  119  containers from an address, supplier, or any entity outside the
  120  state and who engages in the sale of filled deposit beverage
  121  containers to a dealer or consumer. The term includes federal
  122  agencies and military distributors, but does not include
  123  airlines and shipping companies that merely transport deposit
  124  beverage containers.
  125         (g) “Mobile redemption center” means a redemption center
  126  that offers container redemption services to residences,
  127  businesses, or both on their respective sites, either on a one
  128  time or regular basis, regardless of whether the services are
  129  offered in association with a dealer or permanent redemption
  130  center.
  131         (h) “On-premises consumption” means the immediate
  132  consumption of deposit beverages within the area under the
  133  control of the airplane, bar, restaurant, cafe, passenger ship,
  134  or other establishment where they are sold.
  135         (i) “Person” means a federal agency; the state or a
  136  political subdivision of the state; an individual, partnership,
  137  firm, association, public or private corporation, trust, or
  138  estate; or any other legal entity.
  139         (j) “Recycling facility” means all contiguous land,
  140  structures, appurtenances, and improvements on land that is:
  141         1.Used for the collection, separation, recovery, and sale
  142  or reuse of secondary resources that would otherwise be disposed
  143  of as municipal solid waste; and
  144         2.An integral part of a manufacturing process aimed at
  145  producing a marketable product made of post-consumer material.
  146         (k) “Redeemer” means a person, other than a dealer or
  147  distributor, who demands the refund value in exchange for the
  148  empty deposit beverage container.
  149         (l) “Redemption center” or “permanent redemption center”
  150  means a facility registered under subsection (5) which operates
  151  at a fixed location and which accepts empty deposit containers
  152  from consumers or redeemers, provides the refund value for empty
  153  deposit beverage containers intended to be recycled, and ensures
  154  that such containers are properly recycled.
  155         (m) “Reverse vending machine” means a mechanical device
  156  that accepts one or more types of empty deposit beverage
  157  containers and issues cash, electronic credit, or a redeemable
  158  credit slip with a value not less than the containers refund
  159  value.
  160         (n) “Satellite drop-off site” means a designated site where
  161  participating consumers bring empty containers for subsequent
  162  processing at a centralized processing facility.
  163         (3) REFUND VALUES.—Beginning July 1, 2020, each deposit
  164  beverage container sold or offered for sale in this state must
  165  have one of the following refund values, as appropriate, when
  166  empty:
  167         (a) Twenty cents for each deposit beverage container with a
  168  volume of at least 6 fluid ounces but less than 25 fluid ounces.
  169         (b) Thirty cents for each deposit beverage container with a
  170  volume of at least 25 fluid ounces but not more than 1 gallon.
  171         (4) DEPOSIT FEE.—
  172         (a) Beginning on July 1, 2020, each deposit beverage
  173  distributor must charge a dealer or consumer in this state a
  174  deposit fee equal to the refund value for each deposit beverage
  175  container sold to the dealer or consumer. The charge for the
  176  deposit fee may appear as a separate line item on the invoice.
  177         (b) Beginning on July 1, 2020, each dealer must charge a
  178  consumer in this state, at the point of sale, a deposit fee
  179  equal to the refund value for each deposit beverage container
  180  sold to the consumer, except on beverages intended for on
  181  premises consumption. The charge for the deposit fee may appear
  182  as a separate line item on the invoice.
  183         (c) Each deposit beverage container sold or offered for
  184  sale in this state must be clearly identified by a stamp, label,
  185  or other mark securely affixed to or printed on the deposit
  186  beverage container which bears the word “Florida” or the letters
  187  “FL” and indicates the refund value of the deposit beverage
  188  container. Such stamp, label, or other mark must be provided by
  189  the beverage distributor.
  190         (d) Inventory already in circulation on July 1, 2020, must
  191  be affixed with an adhesive sticker that bears the word
  192  “Florida” or the letters “FL” and indicates the refund value of
  193  the deposit beverage container. Such sticker must be provided by
  194  the beverage distributor.
  195         (e) Once a refund value has been affixed to or printed on a
  196  deposit beverage container, the deposit fee on that container
  197  may not be changed.
  198         (5) REDEMPTION CENTERS.—
  199         (a) A person may not establish or operate a redemption
  200  center without registering with the department, on a form
  201  provided by the department, and providing such information as
  202  the department deems necessary for such registration. The
  203  operator of the redemption center shall report any change in the
  204  information provided to the department within 48 hours after the
  205  change. At a minimum, the department must obtain the following
  206  information from a redemption center registrant:
  207         1. The name and business address of the business owner of
  208  the redemption center.
  209         2. The types of deposit beverage containers to be accepted
  210  and whether deposit beverage containers will be accepted from
  211  redeemers, dealers, or both.
  212         3. The hours of operation and whether the center will
  213  operate a mobile redemption center or provide a satellite drop
  214  off site.
  215         (b) A person establishing a redemption center has the right
  216  to determine the kind, size, or brand of deposit beverage
  217  container that will be accepted. A redemption center may be
  218  established to serve all persons or to serve only specified
  219  consumers, redeemers, and dealers.
  220         (c) Municipal and county governments, nonprofit agencies,
  221  dealers, and individuals may register to operate a redemption
  222  center.
  223         (d) The department may review the registration of a
  224  redemption center at any time.
  225         (e) Except for redemption centers operated by a certified
  226  recovered materials dealer, a redemption center shall:
  227         1. Verify that all deposit beverage containers to be
  228  redeemed bear a valid Florida refund value.
  229         2. Pay to the redeemer the full refund value for all
  230  deposit beverage containers as provided for in this section.
  231         3. Ensure that all deposit beverage containers collected
  232  are recycled through a contractual agreement with an out-of
  233  state recycler or an in-state certified recovered materials
  234  dealer.
  235         (f) A redemption center must be maintained in full
  236  compliance with applicable laws and with the orders and rules of
  237  the department.
  238         (g) A redemption center may not pay the refund value on any
  239  broken, corroded, dismembered, or flattened deposit beverage
  240  container or any deposit beverage container that contains a
  241  free-flowing liquid, does not properly indicate a refund value,
  242  or contains a significant amount of foreign material.
  243         (h) For purposes of this section, a redemption center is
  244  deemed to be sponsored by a dealer if there is an agreement
  245  between the dealer and the operator of the redemption center
  246  requiring the redemption center to remove empty deposit beverage
  247  containers from the premises of the dealer.
  248         (6) REVERSE VENDING MACHINES.—
  249         (a) A redemption center may use a reverse vending machine
  250  if the machine accepts all of the same types of empty deposit
  251  beverage containers and pays out appropriate refunds in cash,
  252  electronic credit, or a redeemable voucher for those containers
  253  that bear a valid Florida refund value. If more than one
  254  container is redeemed in a single transaction, the refund value
  255  for all redeemed containers must be aggregated before payment is
  256  made.
  257         (b) A redemption center or dealer that uses reverse vending
  258  machines must ensure that the machines are routinely serviced to
  259  maintain proper operation, continuous acceptance of containers,
  260  and payment of refunds.
  261         (7) REQUIREMENTS FOR DEALERS.—
  262         (a) A dealer may not refuse to accept from any person and
  263  redeem at the dealer’s place of business any empty deposit
  264  beverage container of the kind, size, or brand in which the
  265  dealer uses to sell deposit beverages or refuse to pay to such
  266  person the refund value of the deposit beverage container as
  267  established by this section, unless:
  268         1. The deposit beverage container is broken, corroded,
  269  dismembered, or flattened; contains a free-flowing liquid; does
  270  not properly indicate a refund value; or contains a significant
  271  amount of foreign material; or
  272         2. There is a redemption center located within 1 mile of
  273  the dealer’s place of business which accepts empty deposit
  274  beverage containers of the kind, size, or brand sold by the
  275  dealer at the dealer’s place of business. This subparagraph does
  276  not apply unless the dealer posts a clear and conspicuous sign
  277  at each public entrance to its place of business which specifies
  278  the name, address, and hours of operation of the closest
  279  redemption center location.
  280         (b) If a dealer discontinues the sale of a deposit beverage
  281  container of the kind, size, or brand previously sold at the
  282  dealer’s place of business, the dealer may not refuse to accept
  283  and redeem such containers for the 60-day period immediately
  284  after the dealer’s last sale of that kind, size, or brand of
  285  deposit beverage container. The dealer shall post at the point
  286  of sale a notice of the last date on which the discontinued
  287  kind, size, or brand of deposit beverage container may be
  288  redeemed. Such notice must be so posted for the entire 60-day
  289  period.
  290         (c) A dealer that accepts empty deposit beverage containers
  291  shall:
  292         1. Verify that all empty deposit beverage containers to be
  293  redeemed bear a valid Florida refund value.
  294         2. Pay to the redeemer the full refund value for all empty
  295  deposit beverage containers as provided in this section.
  296         3. Ensure that each deposit beverage container collected is
  297  recycled through a contractual agreement with an out-of-state
  298  recycler or an in-state certified recovered materials dealer.
  299         (8) REQUIREMENTS FOR DISTRIBUTORS.—
  300         (a) A distributor may not refuse to accept any empty
  301  deposit beverage container of the kind, size, or brand sold by
  302  the distributor or refuse to pay to a dealer or redemption
  303  center operator the refund value of a deposit beverage container
  304  established by this section if:
  305         1. The deposit beverage container is from a dealer or the
  306  operator of a redemption center, if such dealer or operator is
  307  located within the territory of the distributor; or
  308         2. The deposit beverage container is from an operator of a
  309  redemption center who certifies to the distributor that the
  310  redeemed container was from a dealer located and operated
  311  exclusively within the territory of the distributor.
  312         (b) A distributor may refuse to accept and redeem an empty
  313  deposit beverage container that is broken, corroded,
  314  dismembered, or flattened; contains a free-flowing liquid; does
  315  not properly indicate a refund value; or contains a significant
  316  amount of foreign material.
  317         (c) A distributor shall remove any empty deposit beverage
  318  containers from the premises of a dealer serviced by the
  319  distributor or from the premises of a redemption center
  320  sponsored by any dealer serviced by the distributor when such
  321  premises are located within the territory of the distributor.
  322         (d) The distributor shall pay the refund value to a dealer
  323  in accordance with a schedule for payment agreed to by the
  324  dealer and the distributor for full deposit beverage containers.
  325  The distributor shall pay the refund value to an operator of a
  326  redemption center not more than 20 days after receipt of the
  327  empty deposit beverage container.
  328         (e) If a distributor discontinues the sale of a deposit
  329  beverage container of the kind, size, or brand previously sold
  330  at the dealer’s place of business, the distributor may not
  331  refuse to accept and redeem such containers during the 150-day
  332  period immediately after the distributor’s last day of delivery
  333  of that kind, size, or brand of deposit beverage container. Not
  334  less than 120 days before the last date on which such containers
  335  may be redeemed, the distributor must notify the dealer who
  336  bought the discontinued kind, size, or brand of deposit beverage
  337  container that the distributor no longer redeems that empty
  338  container.
  339         (9) HANDLING FEE REIMBURSEMENT.—Upon a dealer or a
  340  redemption center redeeming empty deposit beverage containers,
  341  the distributor, in addition to the refund for such beverage
  342  containers, must pay the dealer or redemption center a handling
  343  fee in an amount equal to at least 20 percent of the deposit
  344  returned to the consumer.
  345         (10) REQUIRED INFORMATION AND RECORDS.—
  346         (a) All dealers, distributors, redemption centers, and
  347  recycling facilities that accept empty deposit beverage
  348  containers shall submit the following information to the
  349  department:
  350         1. The amount and type of deposit beverage containers
  351  accepted and rejected;
  352         2. The amount of refunds paid out;
  353         3. The amount and weight of each type of deposit beverage
  354  container transported to each out-of-state recycler and in-state
  355  certified recovered materials dealer; and
  356         4. Copies of transport and weight receipts from recycling
  357  facilities. If the redemption center and the recycling facility
  358  are the same entity, receipts must be independently verified.
  359  Such documentation may be used for periodic, random department
  360  audits of redemption centers.
  361         (b) The records of all such dealers, distributors,
  362  redemption centers, and recycling facilities must be made
  363  available, upon request, for inspection by the department, a
  364  duly authorized agent of the department, or an auditor employed
  365  by the state.
  366         (c) Pursuant to s. 815.04, information that, if disclosed,
  367  would reveal a trade secret as defined in s. 812.081, and that
  368  must be reported in accordance with this section or rules
  369  adopted pursuant to this section, is confidential and exempt
  370  from s. 119.07(1) and s. 24(a), Art. I of the State
  371  Constitution. However, for reporting or other informational
  372  purposes, the department may provide potential trade secret
  373  information in such a form that the names of the persons
  374  reporting the information and the specific trade secret
  375  information are not revealed.
  376         (11) RULES.—The department shall adopt rules pursuant to
  377  chapter 120 to implement this section. Such rules must include,
  378  but need not be limited to, provisions for the redemption of
  379  empty deposit beverage containers dispensed through vending
  380  machines; the use of reverse vending machines that dispense
  381  cash, electronic credit, or a redeemable voucher to consumers
  382  for redemption of empty deposit beverage containers; the
  383  scheduling of redemption by dealers and distributors; and
  384  exemptions or modifications to the labeling requirements of this
  385  section.
  386         (12) OBLIGATION; VIOLATION OF SECTION; PENALTY; REQUIRED
  387  SIGNAGE.—
  388         (a) The obligation of a distributor or dealer to accept or
  389  take empty deposit beverage containers and to pay the refund
  390  value and handling fees for such containers applies only to
  391  deposit beverage containers originally sold in this state as
  392  filled deposit beverage containers.
  393         (b)A person may not, during a single transaction, tender
  394  to a dealer, distributor, or redemption center more than 24
  395  empty deposit beverage containers that the person knows, or has
  396  reason to know, were not originally sold in this state as filled
  397  deposit beverage containers. A person who violates this
  398  paragraph commits a noncriminal infraction, punishable by a
  399  civil penalty of $100, which must be deposited in the
  400  Administrative Trust Fund of the department and used to
  401  administer this section.
  402         (c) At each location where customers tender empty deposit
  403  beverage containers for redemption, dealers and redemption
  404  centers must conspicuously display a sign with letters that are
  405  at least 1 inch in height advising consumers of the prohibition
  406  and penalty imposed in paragraph (b).
  407         (13) PREEMPTION.—A county or municipality may not impose or
  408  collect any assessment or fee on deposit beverage containers for
  409  the same or a similar purpose as that of this section.
  410         Section 2. This act shall take effect upon becoming a law.