CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 1425, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Eggelletion offered the following:
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13 Amendment (with title amendment)
14 On page 12, between lines 17 and 18
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16 insert:
17 Section 5. Paragraphs (b) and (d) of subsection (3) of
18 section 403.7046, Florida Statutes, are amended to read:
19 403.7046 Regulation of recovered materials.--
20 (3) Except as otherwise provided in this section or
21 pursuant to a special act in effect on or before January 1,
22 1993, a local government may not require a commercial
23 establishment that generates source-separated recovered
24 materials to sell or otherwise convey its recovered materials
25 to the local government or to a facility designated by the
26 local government, nor may the local government restrict such a
27 generator's right to sell or otherwise convey such recovered
28 materials to any properly certified recovered materials dealer
29 who has satisfied the requirements of this section. A local
30 government may not enact any ordinance that prevents such a
31 dealer from entering into a contract with a commercial
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HOUSE AMENDMENT
Bill No. CS/HB 1425, 1st Eng.
Amendment No. (for drafter's use only)
1 establishment to purchase, collect, transport, process, or
2 receive source-separated recovered materials.
3 (b) Prior to engaging in business within the
4 jurisdiction of the local government, a recovered materials
5 dealer must provide the local government with a copy of the
6 certification provided for in this section. In addition, the
7 local government may establish a registration process whereby
8 a recovered materials dealer must register with the local
9 government prior to engaging in business within the
10 jurisdiction of the local government. Such registration
11 process is limited to requiring the dealer to register its
12 name, including the owner or operator of the dealer, and, if
13 the dealer is a business entity, its general or limited
14 partners, its corporate officers and directors, its permanent
15 place of business, evidence of its certification under this
16 section, and a certification that the recovered materials will
17 be processed at a recovered materials processing facility
18 satisfying the requirements of this section. All counties, and
19 municipalities whose population exceeds 35,000 according to
20 the population estimates determined pursuant to s. 186.901,
21 may establish a reporting process which shall be limited to
22 the regulations, reporting format, and reporting frequency
23 established by the department pursuant to this section, which
24 shall, at a minimum, include requiring the dealer to identify
25 the types and approximate amount of recovered materials
26 collected, recycled, or reused during the reporting period;
27 the approximate percentage of recovered materials reused,
28 stored, or delivered to a recovered materials processing
29 facility or disposed of in a solid waste disposal facility;
30 and the locations where any recovered materials were disposed
31 of as solid waste. Information reported under this subsection
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HOUSE AMENDMENT
Bill No. CS/HB 1425, 1st Eng.
Amendment No. (for drafter's use only)
1 which, if disclosed, would reveal a trade secret, as defined
2 in s. 812.081(1)(c), is confidential and exempt from the
3 provisions of s. 24(a), Art. I of the State Constitution and
4 s. 119.07(1). The local government may charge the dealer a
5 registration fee commensurate with and no greater than the
6 cost incurred by the local government in operating its
7 registration program. Registration program costs are limited
8 to those costs associated with the activities described in
9 this paragraph. Any reporting or registration process
10 established by a local government with regard to recovered
11 materials shall be governed by the provisions of this section
12 and department rules promulgated pursuant thereto.
13 (d) In addition to any other authority provided by
14 law, a local government is hereby expressly authorized to
15 prohibit a person or entity not certified under this section
16 from doing business within the jurisdiction of the local
17 government; to enter into a nonexclusive franchise or to
18 otherwise provide for the collection, transportation, and
19 processing of recovered materials at commercial
20 establishments, provided that a local government may not
21 require a certified recovered materials dealer to enter into
22 such franchise agreement in order to enter into a contract
23 with any commercial establishment located within the local
24 government's jurisdiction such franchise or provision does not
25 prohibit a certified recovered materials dealer from entering
26 into a contract with a commercial establishment to purchase,
27 collect, transport, process, or receive source-separated
28 recovered materials; and to enter into an exclusive franchise
29 or to otherwise provide for the exclusive collection,
30 transportation, and processing of recovered materials at
31 single-family or multifamily residential properties.
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HOUSE AMENDMENT
Bill No. CS/HB 1425, 1st Eng.
Amendment No. (for drafter's use only)
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2 And the title is amended as follows:
3 On page 1, line 27
4 remove from the title of the bill: all of said line
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6 and insert in lieu thereof:
7 amending s. 403.7046, F.S.; providing a
8 limitation relating to the local government
9 registration fee for recovered materials
10 dealers; revising local government authority
11 with respect to certain contracts between
12 recovered materials dealers and local
13 commercial establishments that generate
14 source-separated materials; amending s.
15 403.706, F.S.; authorizing counties
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