Senate Bill sb1908

    Florida Senate - 2001                                  SB 1908

    By Senator Lawson





    3-942-01

  1                      A bill to be entitled

  2         An act relating to resource recovery; amending

  3         s. 403.703, F.S.; defining the term

  4         "recoverable construction and demolition

  5         materials"; amending s. 403.704, F.S.;

  6         providing standards for classification of

  7         materials as recoverable construction and

  8         demolition materials; providing restrictions on

  9         local government regulation; providing an

10         effective date.

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

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14         Section 1.  Subsection (45) is added to section

15  403.703, Florida Statutes, to read:

16         403.703  Definitions.--As used in this act, unless the

17  context clearly indicates otherwise, the term:

18         (45)  "Recoverable construction and demolition

19  materials" means materials generated from activity conducted

20  under a building or demolition permit which are capable of

21  being feasibly recycled or beneficially reused. The term

22  includes wood, masonry products, paving materials, bricks,

23  rocks, concrete, and other construction and demolition

24  material designated by department rule. The term does not

25  require that various types of recoverable construction and

26  demolition materials be separated from each other and

27  recognizes that a minimum amount of solid waste composed of no

28  more than 10 percent by weight of the total may be included in

29  the recoverable and construction and demolition materials. The

30  department may adopt by rule additional material types that

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    Florida Senate - 2001                                  SB 1908
    3-942-01




  1  may feasibly be recycled or beneficially reused when new

  2  markets or technologies are developed.

  3         Section 2.  Subsection (7) of section 403.704, Florida

  4  Statutes, is amended to read:

  5         403.704  Powers and duties of the department.--The

  6  department shall have responsibility for the implementation

  7  and enforcement of the provisions of this act. In addition to

  8  other powers and duties, the department shall:

  9         (7)(a)  Assist in and encourage, as much as possible,

10  the development within the state of industries and commercial

11  enterprises that which are based upon resource recovery,

12  recycling, and reuse of solid waste.

13         (b)  A local government may not enact any ordinance or

14  enter into any contract that prevents the holder of a building

15  or demolition permit from entering into a contract to have

16  recoverable construction and demolition materials collected,

17  transported, processed, or received if they are delivered to a

18  materials recovery facility or waste processing facility

19  permitted to accept those materials.

20         (c)  A local government may not require that various

21  types of recoverable construction and demolition materials be

22  separated from each other at the permitted building or

23  demolition site.

24         (d)  In order to be classified as recoverable

25  construction and demolition materials, the material must be

26  ultimately delivered to a department-permitted materials

27  recovery facility or waste processing facility that reports

28  volumes to the department by use of weight scales. The

29  facility must demonstrate that the recoverable construction

30  and demolition materials are recovered in accordance with the

31  terms and conditions of the permit and that more than 50

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    Florida Senate - 2001                                  SB 1908
    3-942-01




  1  percent of the recoverable materials are sold, used, or reused

  2  within 1 year after delivery to the facility.

  3         (e)  Any local government ordinance relating to

  4  recoverable construction and demolition materials collection,

  5  processing, or recovery must comply with this section. Any

  6  local government currently permitting and licensing the

  7  exclusive collection, processing, or recycling of recoverable

  8  construction and demolition materials must comply with this

  9  section when it takes effect.

10         Section 3.  This act shall take effect July 1, 2001.

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13                          SENATE SUMMARY

14    Provides standards for the classification of materials as
      recoverable construction and demolition materials.
15    Requires local governments to conform to state standards.

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