Skip to Navigation | Skip to Main Content | Skip to Site Map

MyFloridaHouse.gov | Mobile Site

Senate Tracker: Sign Up | Login

The Florida Senate

2005 Florida Statutes

SECTION 709
Solid Waste Management Trust Fund; use of waste tire fees.
Section 403.709, Florida Statutes 2005

1403.709  Solid Waste Management Trust Fund; use of waste tire fees.--There is created the Solid Waste Management Trust Fund, to be administered by the department. From the annual revenues deposited in the trust fund, unless otherwise specified in the General Appropriations Act:

(1)  Up to 40 percent shall be used for funding solid waste activities of the department and other state agencies, such as providing technical assistance to local governments and the private sector, performing solid waste regulatory and enforcement functions, preparing solid waste documents, and implementing solid waste education programs.

(2)  Up to 4.5 percent shall be used for funding research and training programs relating to solid waste management through the Center for Solid and Hazardous Waste Management and other organizations which can reasonably demonstrate the capability to carry out such projects.

(3)  Up to 11 percent shall be used for funding to supplement any other funds provided to the Department of Agriculture and Consumer Services for mosquito control. This distribution shall be annually transferred to the General Inspection Trust Fund in the Department of Agriculture and Consumer Services to be used for mosquito control, especially control of West Nile Virus.

(4)  Up to 4.5 percent shall be used for funding to the Department of Transportation for litter prevention and control programs coordinated by Keep Florida Beautiful, Inc.

(5)  A minimum of 40 percent shall be used for funding a competitive and innovative grant program pursuant to s. 403.7095 for activities relating to recycling and reducing the volume of municipal solid waste, including waste tires requiring final disposal.

(6)  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.

(7)  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 owner whose property 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.

(8)  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; s. 7, ch. 2002-291; s. 19, ch. 2002-295.

1Note.--As amended by s. 7, ch. 2002-291, which substantially reworded s. 403.709 Section 19, ch. 2002-295, amended paragraph (3)(e) as it read prior to the amendment by s. 7, ch. 2002-291. As amended by s. 19, ch. 2002-295, paragraph (3)(e) reads:

(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 in accordance with s. 388.261 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.