The Florida Senate

403.708  Prohibition; penalty.--

(1)  No person shall:

(a)  Place or deposit any solid waste in or on the land or waters located within the state except in a manner approved by the department and consistent with applicable approved programs of counties or municipalities. However, nothing in this act shall be construed to prohibit the disposal of solid waste without a permit as provided in s. 403.707(2).

(b)  Burn solid waste except in a manner prescribed by the department and consistent with applicable approved programs of counties or municipalities.

(c)  Construct, alter, modify, or operate a solid waste management facility or site without first having obtained from the department any permit required by s. 403.707.

(2)  After January 1, 1989, no beverage shall be sold or offered for sale within the state in a beverage container designed and constructed so that the container is opened by detaching a metal ring or tab.

(3)  For purposes of subsections (2), ¹(3), ²(10), and ²(11):

(a)  "Degradable," with respect to any material, means that such material, after being discarded, is capable of decomposing to components other than heavy metals or other toxic substances, after exposure to bacteria, light, or outdoor elements.

(b)  "Beverage" means soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drinks; soft drinks, whether or not carbonated; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine drink or a mixed spirit drink.

(c)  "Beverage container" means an airtight container which at the time of sale contains 1 gallon or less of a beverage, or the metric equivalent of 1 gallon or less, and which is composed of metal, plastic, or glass or a combination thereof.

(4)  The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation may impose a fine of not more than $100 on any person currently licensed pursuant to s. 561.14 for each violation of the provisions of subsection (2) or ¹subsection (3). If the violation is of a continuing nature, each day during which such violation occurs shall constitute a separate and distinct offense and shall be subject to a separate fine.

(5)  The Department of Agriculture and Consumer Services may impose a fine of not more than $100 on any person not currently licensed pursuant to s. 561.14 for each violation of the provisions of subsection (2) or ¹subsection (3). If the violation is of a continuing nature, each day during which such violation occurs shall constitute a separate and distinct offense and shall be subject to a separate fine.

(6)  Fifty percent of each fine collected pursuant to ³subsections (5) and (6) shall be deposited into the Solid Waste Management Trust Fund. The balance of fines collected pursuant to ⁴subsection (5) shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund for the use of the division for inspection and enforcement of the provisions of this section. The balance of fines collected pursuant to ⁵subsection (6) shall be deposited into the General Inspection Trust Fund for the use of the Department of Agriculture and Consumer Services for inspection and enforcement of the provisions of this section.

(7)  The Division of Alcoholic Beverages and Tobacco and the Department of Agriculture and Consumer Services shall coordinate their responsibilities under the provisions of this section to ensure that inspections and enforcement are accomplished in an efficient, cost-effective manner.

(8)  A person may not distribute, sell, or expose for sale in this state any plastic bottle or rigid container intended for single use unless such container has a molded label indicating the plastic resin used to produce the plastic container. The label must appear on or near the bottom of the plastic container product and be clearly visible. This label must consist of a number placed inside a triangle and letters placed below the triangle. The triangle must be equilateral and must be formed by three arrows, and, in the middle of each arrow, there must be a rounded bend that forms one apex of the triangle. The pointer, or arrowhead, of each arrow must be at the midpoint of a side of the triangle, and a short gap must separate each pointer from the base of the adjacent arrow. The three curved arrows that form the triangle must depict a clockwise path around the code number. Plastic bottles of less than 16 ounces, rigid plastic containers of less than 8 ounces, and plastic casings on lead-acid storage batteries are not required to be labeled under this section. The numbers and letters must be as follows:

(a)  For polyethylene terephthalate, the letters "PETE" and the number 1.

(b)  For high-density polyethylene, the letters "HDPE" and the number 2.

(c)  For vinyl, the letter "V" and the number 3.

(d)  For low-density polyethylene, the letters "LDPE" and the number 4.

(e)  For polypropylene, the letters "PP" and the number 5.

(f)  For polystyrene, the letters "PS" and the number 6.

(g)  For any other, the letters "OTHER" and the number 7.

(9)  No person shall, on or after October 1, 1990, distribute, sell, or expose for sale in this state any product packaged in a container or packing material manufactured with fully halogenated chlorofluorocarbons (CFC). Producers of containers or packing material manufactured with chlorofluorocarbons (CFC) are urged to introduce alternative packaging materials which are environmentally compatible.

(10)  The packaging of products manufactured or sold in the state may not be controlled by governmental rule, regulation, or ordinance adopted after March 1, 1974, other than as expressly provided in this act.

(11)  Violations of this part or rules, regulations, permits, or orders issued thereunder by the department and violations of approved local programs of counties or municipalities or rules, regulations, or orders issued thereunder shall be punishable by a civil penalty as provided in s. 403.141.

(12)  The department or any county or municipality may also seek to enjoin the violation of, or enforce compliance with, this part or any program adopted hereunder as provided in s. 403.131.

(13)  In accordance with the following schedule, no person who knows or who should know of the nature of such solid waste shall dispose of such solid waste in landfills:

(a)  Lead-acid batteries, after January 1, 1989. Lead-acid batteries also shall not be disposed of in any waste-to-energy facility after January 1, 1989. To encourage proper collection and recycling, all persons who sell lead-acid batteries at retail shall accept used lead-acid batteries as trade-ins for new lead-acid batteries.

(b)  Used oil, after October 1, 1988.

(c)  Yard trash, after January 1, 1992, except in unlined landfills classified by department rule. Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains separate yard trash composting facilities. The department recognizes that incidental amounts of yard trash may be disposed of in lined landfills. In any enforcement action taken pursuant to this paragraph, the department shall consider the difficulty of removing incidental amounts of yard trash from a mixed solid waste stream.

(d)  White goods, after January 1, 1990.

Prior to the effective dates specified in paragraphs (a)-(d), the department shall identify and assist in developing alternative disposal, processing, or recycling options for the solid wastes identified in paragraphs (a)-(d).

History.--s. 1, ch. 74-342; s. 15, ch. 88-130; s. 18, ch. 93-207; s. 54, ch. 94-218; s. 398, ch. 94-356; s. 6, ch. 96-284; s. 1, ch. 97-23.

¹Note.--Repealed by s. 1, ch. 97-23.

²Note.--Subsections (10) and (11) were redesignated as subsections (9) and (10) to conform to the repeal of subsection (3) by s. 1, ch. 97-23.

³Note.--Subsections (5) and (6) were redesignated as subsections (4) and (5) to conform to the repeal of subsection (3) by s. 1, ch. 97-23.

⁴Note.--Redesignated as subsection (4) to conform to the repeal of subsection (3) by s. 1, ch. 97-23.

⁵Note.--Redesignated as subsection (5) to conform to the repeal of subsection (3) by s. 1, ch. 97-23.