Senate Bill 1044

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    Florida Senate - 2000                                  SB 1044

    By Senator Clary





    7-645-00

  1                      A bill to be entitled

  2         An act relating to state purchasing; creating

  3         s. 287.053, F.S.; providing for state

  4         purchasing of printer or duplicator cartridges;

  5         defining terms; providing for restrictions on

  6         the purchase of cartridges; directing the

  7         Department of Management Services to adopt

  8         rules; providing an effective date.

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

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12         Section 1.  Section 287.053, Florida Statutes, is

13  created to read:

14         287.053  Purchase of printer or duplicator

15  cartridges.--

16         (1)  It is the purpose of this section to further the

17  policy of the state of promoting and enhancing waste

18  reduction, recycling, remanufacturing, and the state's

19  economic development by reducing solid waste and conserving

20  resources.

21         (2)  As used in this section, the term:

22         (a)  "Recycled cartridge" means a printer or

23  duplication cartridge that would otherwise become solid waste

24  but that has undergone a process of collecting, sorting,

25  cleansing, treating, or reconstituting and has been returned

26  for the manufacture of new products or for making

27  remanufactured cartridges.

28         (b)  "Remanufactured cartridge" means a printer or

29  duplication cartridge that has served its intended use, but,

30  rather than being discarded or disposed of, has been restored,

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    Florida Senate - 2000                                  SB 1044
    7-645-00




  1  renovated, repaired, or recharged without substantial

  2  alternation of its form.

  3         (c)  "Printer or duplication cartridge" means a

  4  cartridge, including, but not limited to, a toner or ink

  5  cartridge used in printer or duplication equipment.

  6         (3)  Notwithstanding other provisions of law and except

  7  as provided in subsection (4), a state agency may not purchase

  8  any printer or duplication cartridge for which the

  9  manufacturer, wholesaler, distributor, retailer, or

10  remanufacturer places restrictions on the recycling or

11  remanufacturing of that cartridge by any other person. For

12  purposes of this section, these restrictions include, without

13  limitations, any of the following:

14         (a)  Reducing the price of the cartridge in exchange

15  for any agreement not to remanufacture the cartridge;

16         (b)  A licensing agreement that forbids the

17  remanufacturing of the cartridge; or

18         (c)  Any contract that forbids the remanufacturing or

19  recycling of the cartridge.

20         (4)  Notwithstanding the provisions of subsection (3),

21  a manufacturer, wholesaler, distributor, retailer, or

22  remanufacturer who establishes a recycling or remanufacturing

23  program that is available to its customers may enter into

24  signed agreements with those customers consenting to the

25  return of the used cartridge to the manufacturer, wholesaler,

26  distributor, retailer, or remanufacturer for the purpose of:

27         (a)  Making remanufactured cartridges available for

28  purchase; or

29         (b)  Making recycled cartridges.

30         (5)  Each state agency shall print a statement on the

31  cover of its bid packages for printer or duplicator

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    Florida Senate - 2000                                  SB 1044
    7-645-00




  1  cartridges, or in some other noticeable place in the bid

  2  packet, notifying all bidders that it is unlawful to prohibit

  3  a printer or duplication cartridge that is sold to the state

  4  from being recycled or remanufactured, except as specified in

  5  subsection (4).

  6         (6)  The Department of Management Services shall adopt

  7  rules to administer this section.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

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12                          SENATE SUMMARY

13    Provides regulations for the purchase of printer or
      duplicator cartridges by state agencies. Requires the
14    Department of Management Services to adopt rules.

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