House Bill 0909
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Florida House of Representatives - 2000 HB 909
By Representative Ogles
1 A bill to be entitled
2 An act relating to procurement of personal
3 property and services; creating s. 287.047,
4 F.S.; providing definitions; prohibiting state
5 agencies from purchasing printer or duplication
6 cartridges on which specified restrictions have
7 been placed; authorizing state agencies to
8 purchase printer or duplication cartridges from
9 manufacturers, wholesalers, distributors,
10 retailers, and remanufacturers who establish
11 specified recycling or remanufacturing
12 programs; requiring state agencies to provide
13 specified notice to bidders; requiring the
14 Department of Management Services to adopt
15 rules; providing an effective date.
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17 WHEREAS, it is the intent of the Legislature that the
18 procurement of commodities and contractual services by the
19 State of Florida be consistent with the policy of the state to
20 support methods which promote and enhance waste reduction,
21 recycling, and remanufacturing, and
22 WHEREAS, it is the further intent of the Legislature
23 that, whenever possible, the procurement of commodities and
24 contractual services by the state should promote and enhance
25 Florida's economic and environmental development through the
26 reduction of solid waste, the conservation of resources, and
27 the protection of public health, safety, and welfare for the
28 people of the state, NOW, THEREFORE,
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30 Be It Enacted by the Legislature of the State of Florida:
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Florida House of Representatives - 2000 HB 909
520-209-00
1 Section 1. Section 287.047, Florida Statutes, is
2 created to read:
3 287.047 Purchase of printer or duplication
4 cartridges.--
5 (1) For the purposes of this section, the following
6 terms shall have the following meanings:
7 (a) "Printer or duplication cartridge" means a
8 cartridge used in printer or duplication equipment, including,
9 but not limited to, a toner or ink cartridge.
10 (b) "Recycled" means a printer or duplication
11 cartridge that would otherwise become solid waste, but which
12 has been collected, sorted, cleansed, treated, or
13 reconstituted, and returned for use in the manufacture of a
14 new product or to be remanufactured.
15 (c) "Remanufactured" means a printer or duplication
16 cartridge that has served its intended use, and has been
17 restored, renovated, repaired, or recharged, rather than
18 discarded or disposed of, without substantial alteration of
19 its form.
20 (2) Notwithstanding any other provision of law, and
21 except as provided in subsection (3), no state agency shall
22 purchase any printer or duplication cartridge upon which the
23 manufacturer, wholesaler, distributor, retailer, or
24 remanufacturer places restrictions with respect to the
25 recycling or remanufacturing of the cartridge. For purposes
26 of this section, restrictions include, but are not limited to:
27 (a) Reducing the price of the cartridge in exchange
28 for any agreement not to remanufacture the cartridge.
29 (b) A licensing agreement on the cartridge that
30 forbids remanufacturing of the cartridge.
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Florida House of Representatives - 2000 HB 909
520-209-00
1 (c) Any contract that forbids the remanufacturing or
2 recycling of the cartridge.
3 (3) Notwithstanding the provisions of subsection (2),
4 a state agency may purchase printer or duplication cartridges
5 from a manufacturer, wholesaler, distributor, retailer, or
6 remanufacturer that establishes a recycling or remanufacturing
7 program under which the purchaser may enter into a signed
8 agreement consenting to the return of used cartridges to the
9 manufacturer, wholesaler, distributor, retailer, or
10 remanufacturer, only for the following purposes:
11 (a) Recycling and remanufacturing, for purposes of
12 making remanufactured cartridges available for purchase; or
13 (b) Recycling.
14 (4) Each state agency shall print a statement on the
15 cover of its printer or duplication cartridge bid packages, or
16 in some other noticeable place in the bid package, notifying
17 all bidders that state agencies are prohibited from purchasing
18 printer or duplication cartridges from any manufacturer,
19 wholesaler, distributor, retailer, or remanufacturer that
20 places restrictions on the recycling or remanufacturing of
21 printer or duplication cartridges, except as provided in
22 subsection (2).
23 (5) The Department of Management Services shall adopt
24 rules pursuant to ss. 120.54 and 120.536(1) to implement the
25 provisions of this section.
26 Section 2. This act shall take effect upon becoming a
27 law.
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Florida House of Representatives - 2000 HB 909
520-209-00
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2 HOUSE SUMMARY
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Prohibits state agencies from purchasing printer or
4 duplication cartridges on which specified restrictions
relating to the recycling or remanufacturing of the
5 cartridges have been placed. Provides an exception for
purchase from manufacturers, wholesalers, distributors,
6 retailers, and remanufacturers of printer or duplication
cartridges who establish specified programs for the
7 return of used cartridges for recycling or
remanufacturing. Requires state agencies to provide
8 notice to bidders that the state is prohibited from
purchasing printer or duplication cartridges, the
9 recycling or remanufacture of which has been restricted.
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