The Florida Senate

¹403.709  Solid Waste Management Trust Fund; use of waste tire fee moneys; waste tire site management.--

(1)  There is created the Solid Waste Management Trust Fund, to be administered by the department for the purposes of:

(a)  Funding solid waste activities of the department, such as providing technical assistance to local governments, performing solid waste regulatory and enforcement functions, preparing solid waste documents, and implementing solid waste education programs.

(b)  Making grants and awards to local governments as provided in s. 403.7095.

(c)  Providing funding for research, demonstration, and training by state universities, community colleges, and independent nonprofit colleges and universities within the state which are accredited by the Southern Association of Colleges and Schools, and other organizations that can reasonably demonstrate the capability to carry out such projects. Of the annual amounts appropriated by the Legislature for the Solid Waste Management Trust Fund, up to 5 percent may be reserved by the secretary and used to fund on a matching basis research, demonstration, and training projects related to solid waste management. Those projects may include, but are not limited to, undertakings such as market development for recycled materials, composting techniques and use, and plastic materials.

(2)  Aseptic packaging is recognized as a significant advancement in source reduction and energy efficiency. The Legislature finds that the state's recycling goals could be more easily reached if aseptic packaging and other polycoated paperboard packaging could be collected from residences, state agencies, public schools, community colleges, and universities. Therefore, the department shall consider programs whereby such entities may participate in recycling aseptic packaging and other polycoated paperboard packaging, especially if businesses or industries make available, at no cost, equipment to simplify or facilitate such activity.

(3)  Moneys allocated to the fund from waste tire fees shall be used:

(a)  To pay department costs for administering these funds and programs.

(b)  To provide funding for research and demonstration projects relating to solving solid waste problems resulting from waste tires.

(c)  To provide funds for removal of tires from illegal waste tire sites according to priorities established by department rule.

(d)  To provide grants to counties to accomplish the purposes set forth in s. 403.719.

(e)  At least 10 percent of the revenues deposited in the fund annually from waste tire fees shall be allocated as additional grants to local mosquito control agencies for the specific purpose of abating and providing mosquito control relating to waste tire sites, other tire piles, and other sites identified by local mosquito control agencies as mosquito breeding areas. Only local mosquito control agencies approved by the Department of Agriculture and Consumer Services may receive funds pursuant to this paragraph. Each county with an eligible local mosquito control agency shall be allocated a minimum of $15,000 pursuant to this paragraph. Any remaining funds under this paragraph shall be distributed to eligible local mosquito control agencies on the basis of county population. If more than one local mosquito control agency exists in a county, the funds shall be prorated between the agencies based on the population served by each agency.

(4)  The department shall recover to the use of the fund from the site owner or the person responsible for the accumulation of tires at the site, jointly and severally, all sums expended from the fund pursuant to this section to manage tires at an illegal waste tire site, except that the department may decline to pursue such recovery if it finds the amount involved too small or the likelihood of recovery too uncertain. If a court determines that the owner is unable or unwilling to comply with the rules adopted pursuant to this section or s. 403.717, the court may authorize the department to take possession and control of the waste tire site in order to protect the health, safety, and welfare of the community and the environment.

(5)  The department may impose a lien on the real property on which the waste tire site is located and the waste tires equal to the estimated cost to bring the tire site into compliance, including attorney's fees and court costs. Any property owner which has such a lien imposed may release her or his property from any lien claimed under this subsection by filing with the clerk of the circuit court a cash or surety bond, payable to the department in the amount of the estimated cost of bringing the tire site into compliance with department rules, including attorney's fees and court costs, or the value of the property after the abatement action is complete, whichever is less.

(6)  This section does not limit the use of other remedies available to the department.

History.--s. 1, ch. 74-342; s. 17, ch. 88-130; s. 3, ch. 90-332; s. 11, ch. 92-290; s. 20, ch. 93-207; s. 400, ch. 94-356; s. 3, ch. 95-311; s. 18, ch. 95-430; s. 8, ch. 97-94; s. 14, ch. 97-103.

¹Note.--Section 36, ch. 97-153, provides that "[t]here is created the Solid Waste Management Trust Fund Review Commission consisting of 10 members.

"(1)  The commission shall review the following matters, including, but not limited to:

"(a)  The current uses of funds; the need to continue those uses; and alternative techniques for phasing out grants to local governments;

"(b)  Alternative techniques for restructuring grants to local governments for recycling and education purposes, including measures that make the grants more performance-based or competitive;

"(c)  The appropriateness of allowing local governments to use funds available to the Solid Waste Management Trust Fund for either recycling activities, surface water improvement and management program activities, or aquatic weed control activities; and

"(d)  Alternative funding strategies for meeting the needs of solid waste management, the surface water improvement and management program, and aquatic weed control.

"(2)  The Secretary of the Department of Environmental Protection shall appoint members to the review commission so that there are representatives of local governments knowledgeable about local needs for recycling, surface water improvement and management, and aquatic weed control, agency representatives for the recycling program, for the surface water improvement and management program, and for the aquatic weed control program, private industry representatives for recycling programs, for surface water improvement and management programs, and for the aquatic weed control program and other representatives the secretary determines to be appropriate on the commission.

"(3)  Each member may receive per diem and expenses for travel, as provided in section 112.061, Florida Statutes, while carrying out the official business of the commission. Such expenses shall be paid from the Solid Waste Management Trust Fund.

"(4)  Staff for the activities of the commission shall be assigned as needed by the Secretary of the Department of Environmental Protection.

"(5)  The commission shall issue its report and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 30, 1998.

"(6)  This section expires July 1, 1998."