CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Natural Resources & Environmental Protection

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Paragraph (d) of subsection (6) of section

19  212.20, Florida Statutes, is amended to read:

20         212.20  Funds collected, disposition; additional powers

21  of department; operational expense; refund of taxes

22  adjudicated unconstitutionally collected.--

23         (6)  Distribution of all proceeds under this chapter

24  and s. 202.18(1)(b) and (2)(b) shall be as follows:

25         (d)  The proceeds of all other taxes and fees imposed

26  pursuant to this chapter or remitted pursuant to s.

27  202.18(1)(b) and (2)(b) shall be distributed as follows:

28         1.  In any fiscal year, the greater of $500 million,

29  minus an amount equal to 4.6 percent of the proceeds of the

30  taxes collected pursuant to chapter 201, or 5 percent of all

31  other taxes and fees imposed pursuant to this chapter or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

  2  deposited in monthly installments into the General Revenue

  3  Fund.

  4         2.  Two-tenths of one percent shall be transferred to

  5  the Ecosystem Management and Restoration Trust Fund to be used

  6  for water quality improvement projects and water restoration

  7  projects Solid Waste Management Trust Fund.

  8         3.  After the distribution under subparagraphs 1. and

  9  2., 9.653 percent of the amount remitted by a sales tax dealer

10  located within a participating county pursuant to s. 218.61

11  shall be transferred into the Local Government Half-cent Sales

12  Tax Clearing Trust Fund.

13         4.  After the distribution under subparagraphs 1., 2.,

14  and 3., 0.065 percent shall be transferred to the Local

15  Government Half-cent Sales Tax Clearing Trust Fund and

16  distributed pursuant to s. 218.65.

17         5.  For proceeds received after July 1, 2000, and after

18  the distributions under subparagraphs 1., 2., 3., and 4., 2.25

19  percent of the available proceeds pursuant to this paragraph

20  shall be transferred monthly to the Revenue Sharing Trust Fund

21  for Counties pursuant to s. 218.215.

22         6.  For proceeds received after July 1, 2000, and after

23  the distributions under subparagraphs 1., 2., 3., and 4.,

24  1.0715 percent of the available proceeds pursuant to this

25  paragraph shall be transferred monthly to the Revenue Sharing

26  Trust Fund for Municipalities pursuant to s. 218.215. If the

27  total revenue to be distributed pursuant to this subparagraph

28  is at least as great as the amount due from the Revenue

29  Sharing Trust Fund for Municipalities and the Municipal

30  Financial Assistance Trust Fund in state fiscal year

31  1999-2000, no municipality shall receive less than the amount

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  due from the Revenue Sharing Trust Fund for Municipalities and

  2  the Municipal Financial Assistance Trust Fund in state fiscal

  3  year 1999-2000. If the total proceeds to be distributed are

  4  less than the amount received in combination from the Revenue

  5  Sharing Trust Fund for Municipalities and the Municipal

  6  Financial Assistance Trust Fund in state fiscal year

  7  1999-2000, each municipality shall receive an amount

  8  proportionate to the amount it was due in state fiscal year

  9  1999-2000.

10         7.  Of the remaining proceeds:

11         a.  Beginning July 1, 2000, and in each fiscal year

12  thereafter, the sum of $29,915,500 shall be divided into as

13  many equal parts as there are counties in the state, and one

14  part shall be distributed to each county.  The distribution

15  among the several counties shall begin each fiscal year on or

16  before January 5th and shall continue monthly for a total of 4

17  months.  If a local or special law required that any moneys

18  accruing to a county in fiscal year 1999-2000 under the

19  then-existing provisions of s. 550.135 be paid directly to the

20  district school board, special district, or a municipal

21  government, such payment shall continue until such time that

22  the local or special law is amended or repealed.  The state

23  covenants with holders of bonds or other instruments of

24  indebtedness issued by local governments, special districts,

25  or district school boards prior to July 1, 2000, that it is

26  not the intent of this subparagraph to adversely affect the

27  rights of those holders or relieve local governments, special

28  districts, or district school boards of the duty to meet their

29  obligations as a result of previous pledges or assignments or

30  trusts entered into which obligated funds received from the

31  distribution to county governments under then-existing s.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  550.135.  This distribution specifically is in lieu of funds

  2  distributed under s. 550.135 prior to July 1, 2000.

  3         b.  The department shall distribute $166,667 monthly

  4  pursuant to s. 288.1162 to each applicant that has been

  5  certified as a "facility for a new professional sports

  6  franchise" or a "facility for a retained professional sports

  7  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

  8  distributed monthly by the department to each applicant that

  9  has been certified as a "facility for a retained spring

10  training franchise" pursuant to s. 288.1162; however, not more

11  than $208,335 may be distributed monthly in the aggregate to

12  all certified facilities for a retained spring training

13  franchise. Distributions shall begin 60 days following such

14  certification and shall continue for not more than 30 years.

15  Nothing contained in this paragraph shall be construed to

16  allow an applicant certified pursuant to s. 288.1162 to

17  receive more in distributions than actually expended by the

18  applicant for the public purposes provided for in s.

19  288.1162(6). However, a certified applicant is entitled to

20  receive distributions up to the maximum amount allowable and

21  undistributed under this section for additional renovations

22  and improvements to the facility for the franchise without

23  additional certification.

24         c.  Beginning 30 days after notice by the Office of

25  Tourism, Trade, and Economic Development to the Department of

26  Revenue that an applicant has been certified as the

27  professional golf hall of fame pursuant to s. 288.1168 and is

28  open to the public, $166,667 shall be distributed monthly, for

29  up to 300 months, to the applicant.

30         d.  Beginning 30 days after notice by the Office of

31  Tourism, Trade, and Economic Development to the Department of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  Revenue that the applicant has been certified as the

  2  International Game Fish Association World Center facility

  3  pursuant to s. 288.1169, and the facility is open to the

  4  public, $83,333 shall be distributed monthly, for up to 168

  5  months, to the applicant. This distribution is subject to

  6  reduction pursuant to s. 288.1169.  A lump sum payment of

  7  $999,996 shall be made, after certification and before July 1,

  8  2000.

  9         8.  All other proceeds shall remain with the General

10  Revenue Fund.

11         Section 2.  Section 403.705, Florida Statutes, is

12  amended to read:

13         403.705  State solid waste management program.--

14         (1)  The state solid waste management program shall:

15         (a)  Provide guidelines for the orderly collection,

16  transportation, storage, separation, processing, recovery,

17  recycling, and disposal of solid waste throughout the state;

18         (b)  Encourage coordinated local activity for solid

19  waste management within a common geographical area;

20         (c)  Investigate the present status of solid waste

21  management in the state with positive proposals for local

22  action to correct deficiencies in present solid waste

23  management processes;

24         (d)  Provide planning, technical, and financial

25  assistance to local governments and state agencies for

26  reduction, recycling, reuse, and processing of solid waste and

27  for safe and environmentally sound solid waste management and

28  disposal;

29         (e)  Assist in the development of solid waste reduction

30  and recycling programs to properly manage solid waste and

31  conserve resources; and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1         (f)  Provide for the education of the general public

  2  and the training of solid waste management professionals to

  3  reduce the production of solid waste, to ensure proper

  4  processing and disposal of solid waste, and to encourage

  5  recycling and solid waste reduction.

  6         (2)  The state solid waste management program shall be

  7  updated at least once every 3 years.

  8         (2)(3)  The state solid waste management program shall

  9  include, at a minimum:

10         (a)  Procedures and requirements to ensure cooperative

11  efforts in solid waste management by counties and

12  municipalities and groups of counties and municipalities where

13  appropriate.

14         (b)  Provisions for the continuation of existing

15  effective regional resource recovery, recycling, and solid

16  waste management facilities and programs.

17         (c)  Planning guidelines and technical assistance to

18  counties and municipalities to aid in meeting the municipal

19  solid waste reduction goals established in s. 403.706(4).

20         (d)  Planning guidelines and technical assistance to

21  counties and municipalities to develop and implement recycling

22  programs.

23         (e)  Technical assistance to counties and

24  municipalities in determining the full cost for solid waste

25  management pursuant to as required in s. 403.7049(1).

26         (f)  Planning guidelines and technical assistance to

27  counties and municipalities to develop and implement programs

28  for alternative disposal or processing or recycling of the

29  solid wastes prohibited from disposal in landfills under s.

30  403.708(13) and for special wastes.

31         (g)  A public education program, to be developed in

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  cooperation with the Department of Education, local

  2  governments, other state agencies, and business and industry

  3  organizations, to inform the public of the need for and the

  4  benefits of recycling of solid waste and reducing the amounts

  5  of solid and hazardous waste generated and disposed of in the

  6  state.  The public education program shall be implemented

  7  through public workshops and through the use of brochures,

  8  reports, public service announcements, and other materials.

  9         (3)  The department shall periodically seek information

10  from counties to evaluate and report on the success in meeting

11  the solid waste reduction goal.

12         (4)  The department shall prepare by December 1 each

13  year a report on the status of solid waste management efforts

14  in the state.  The report shall include, at a minimum:

15         (a)  A comprehensive analysis, to be updated in each

16  report, of solid waste generation and disposal in the state

17  projected for the 20-year period beginning on October 1, 1988.

18         (b)  The total amounts of solid waste generated,

19  materials recycled, and disposed of, and the methods of solid

20  waste recycling and disposal used during the calendar year

21  prior to the year in which the report is published.

22         (c)  An evaluation of the development and

23  implementation of local solid waste management programs and

24  county and municipal recycling programs.

25         (d)  An evaluation of the success of each county or

26  group of counties in meeting the municipal solid waste

27  reduction goal established in s. 403.706(4).

28         (e)  Recommendations concerning existing and potential

29  programs for solid waste reduction and recycling that would be

30  appropriate for local governments and state agencies to

31  implement to meet the requirements of this act.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1         (f)  An evaluation of the markets for recycled

  2  materials and the success of state, local, and private

  3  industry efforts to enhance the markets for such materials.

  4         (g)  Recommendations to the Governor and the

  5  Legislature to improve the management and recycling of solid

  6  waste in this state.

  7         (5)  The department shall develop descriptive

  8  literature to inform local governments of the solid waste

  9  management responsibilities and opportunities described in

10  this act.

11         Section 3.  Section 403.706, Florida Statutes, is

12  amended to read:

13         403.706  Local government solid waste

14  responsibilities.--

15         (1)  The governing body of a county has the

16  responsibility and power to provide for the operation of solid

17  waste disposal facilities to meet the needs of all

18  incorporated and unincorporated areas of the county.  Unless

19  otherwise approved by an interlocal agreement or special act,

20  municipalities may not operate solid waste disposal facilities

21  unless a municipality demonstrates by a preponderance of the

22  evidence that the use of a county designated facility, when

23  compared to alternatives proposed by the municipality, places

24  a significantly higher and disproportionate financial burden

25  on the citizens of the municipality when compared to the

26  financial burden placed on persons residing within the county

27  but outside of the municipality. However, a municipality may

28  construct and operate a resource recovery facility and related

29  onsite solid waste disposal facilities without an interlocal

30  agreement with the county if the municipality can demonstrate

31  by a preponderance of the evidence that the operation of such

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  facility will not significantly impair financial commitments

  2  made by the county with respect to solid waste management

  3  services and facilities or result in significantly increased

  4  solid waste management costs to the remaining persons residing

  5  within the county but not served by the municipality's

  6  facility.  This section shall not prevent a municipality from

  7  continuing to operate or use an existing disposal facility

  8  permitted on or prior to October 1, 1988.  Any municipality

  9  which establishes a solid waste disposal facility under this

10  subsection and subsequently abandons such facility shall be

11  responsible for the payment of any capital expansion necessary

12  to accommodate the municipality's solid waste for the

13  remaining projected useful life of the county disposal

14  facility. Pursuant to this section and notwithstanding any

15  other provision of this chapter, counties shall have the power

16  and authority to adopt ordinances governing the disposal of

17  solid waste generated outside of the county at the county's

18  solid waste disposal facility.  In accordance with this

19  section, municipalities are responsible for collecting and

20  transporting solid waste from their jurisdictions to a solid

21  waste disposal facility operated by a county or operated under

22  a contract with a county.  Counties may charge reasonable fees

23  for the handling and disposal of solid waste at their

24  facilities.  The fees charged to municipalities at a solid

25  waste management facility specified by the county shall not be

26  greater than the fees charged to other users of the facility

27  except as provided in s. 403.7049(5).  Solid waste management

28  fees collected on a countywide basis shall be used to fund

29  solid waste management services provided countywide.

30         (2)(a)  Each county shall implement initiate a

31  recyclable materials recycling program.  Counties and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  municipalities are encouraged to form cooperative arrangements

  2  for implementing recycling programs. The following

  3  requirements shall apply:

  4         (a)  Construction and demolition debris must be

  5  separated from the solid waste stream and segregated in

  6  separate locations at a solid waste disposal facility or other

  7  permitted site.

  8         (b)  At a minimum, Such programs shall be designed to

  9  recover a significant portion majority of at least four of the

10  following materials the newspaper, aluminum cans, steel cans,

11  glass, and plastic bottles from the solid waste stream prior

12  to final disposal at a solid waste disposal facility and to

13  offer these materials for recycling:  newspaper, aluminum

14  cans, steel cans, glass, plastic bottles, cardboard, office

15  paper, and food residues. Local governments which operate

16  permitted waste-to-energy facilities may retrieve steel cans

17  as a byproduct of combustion.

18         (c)  Local governments are encouraged to separate all

19  plastics, metal, and all grades of paper for recycling prior

20  to final disposal and are further encouraged to recycle yard

21  trash and other mechanically treated solid waste into compost

22  available for agricultural and other acceptable uses.

23         (d)  Each county is encouraged to shall consider plans

24  for composting or mulching of organic materials that would

25  otherwise be disposed of in a landfill.  The composting or

26  mulching plans are encouraged to must address partnership with

27  the private sector.

28         (3)  Each county shall ensure, to the maximum extent

29  possible, that municipalities within its boundaries

30  participate in the preparation and implementation of recycling

31  and solid waste management programs through interlocal

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  agreements pursuant to s. 163.01 or other means provided by

  2  law. Nothing in a county's solid waste management or recycling

  3  program shall affect the authority of a municipality to

  4  franchise or otherwise provide for the collection of solid

  5  waste generated within the boundaries of the municipality.

  6         (4)(a)  A county's solid waste management and recycling

  7  programs shall be designed to provide for sufficient reduction

  8  of the amount of solid waste generated within the county and

  9  the municipalities within its boundaries in order to meet

10  goals for the reduction of municipal solid waste prior to the

11  final disposal or the incineration of such waste at a solid

12  waste disposal facility. The goals shall provide, at a

13  minimum, that the amount of municipal solid waste that would

14  be disposed of within the county and the municipalities within

15  its boundaries is reduced by at least 30 percent. In

16  determining whether the municipal solid waste reduction goal

17  established by this subsection has been achieved, no more than

18  one-half of the goal may be met with yard trash, white goods,

19  construction and demolition debris, and tires that are removed

20  from the total amount of municipal solid waste. However, if a

21  county that is a special district created by chapter 67-764,

22  Laws of Florida, demonstrates that yard trash, construction

23  and demolition debris, white goods, and waste tires comprise

24  more than 50 percent of the municipal solid waste generated in

25  the county and municipalities within its boundaries, the

26  county may meet the reduction goal established by this

27  subsection by reducing the Class I municipal solid waste

28  generated in the county and municipalities within its

29  boundaries at a rate equal to the average rate Class I

30  municipal solid waste is reduced in the 20 most populous

31  counties, as determined by the department for the previous

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  reporting period. As used in this subsection, "Class I

  2  municipal solid waste" means municipal solid waste other than

  3  yard trash, construction and demolition debris, white goods,

  4  and waste tires.

  5         (b)  Notwithstanding the limitation on the waste

  6  reduction goal in paragraph (a), A county may receive credit

  7  for one-half of the goal for waste reduction from one or a

  8  combination of the following:

  9         1.  The use of pelletized paper waste as a supplemental

10  fuel in permitted boilers other than waste-to-energy

11  facilities.

12         2.  The use of yard trash, or other clean wood waste or

13  paper waste, in innovative programs including, but not limited

14  to, programs that produce alternative clean-burning fuels such

15  as ethanol or that provide for the conversion of yard trash or

16  other clean wood waste or paper waste to clean-burning fuel

17  for the production of energy for use at facilities other than

18  a waste-to-energy facility as defined in s. 403.7061.  The

19  provisions of this subparagraph only apply if a county can

20  demonstrate that:

21         a.  The county has implemented a yard trash mulching or

22  composting program, and

23         b.  As part of the program, compost and mulch made from

24  yard trash is available to the general public and in use at

25  county-owned or maintained and municipally owned or maintained

26  facilities in the county and state agencies operating in the

27  county as required by this section.

28         (c)  No facility, solely by virtue of the fact that it

29  uses processed yard trash or clean wood or paper waste as a

30  fuel source, shall be deemed to be a solid waste disposal

31  facility.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1         (d)  A county with a population of 100,000 75,000 or

  2  less may provide its residents with the opportunity to recycle

  3  in lieu of achieving the goal set forth in paragraph (a).  For

  4  the purposes of this subsection, the "opportunity to recycle"

  5  means that the county:

  6         1.a.  Provides a system for separating and collecting

  7  recyclable materials prior to disposal that is located at a

  8  solid waste management facility or solid waste disposal area;

  9  or

10         b.  Provides a system of places within the county for

11  collection of source-separated recyclable materials.

12         2.  Provides a public education and promotion program

13  that is conducted to inform its residents of the opportunity

14  to recycle, encourages source separation of recyclable

15  materials, and promotes the benefits of reducing, reusing,

16  recycling, and composting materials.

17

18  If a county with a population of 75,000 or less decides to

19  provide the opportunity to recycle in lieu of achieving the

20  goal set forth in paragraph (a), the county shall notify the

21  department by October 1 of such decision, and shall provide

22  the department with a description of how the county intends to

23  provide the opportunity to recycle.  The department shall take

24  into consideration the description provided by the county in

25  determining the amount of grant moneys to be provided to the

26  county pursuant to s. 403.7095.

27         (5)  As used in this section, "municipal solid waste"

28  includes any solid waste, except for sludge, resulting from

29  the operation of residential, commercial, governmental, or

30  institutional establishments that would normally be collected,

31  processed, and disposed of through a public or private solid

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  waste management service.  The term includes yard trash but

  2  does not include solid waste from industrial, mining, or

  3  agricultural operations.

  4         (6)  The department may reduce or modify the municipal

  5  solid waste reduction goal that a county is required to

  6  achieve pursuant to subsection (4) if the county demonstrates

  7  to the department that:

  8         (a)  The achievement of the goal set forth in

  9  subsection (4) would have an adverse effect on the financial

10  obligations of a county that are directly related to a

11  waste-to-energy facility owned or operated by or on behalf of

12  the county; and

13         (b)  The county cannot remove normally combustible

14  materials from solid waste that is to be processed at a

15  waste-to-energy facility because of the need to maintain a

16  sufficient amount of solid waste to ensure the financial

17  viability of the facility.

18

19  The goal shall not be waived entirely and may only be reduced

20  or modified to the extent necessary to alleviate the adverse

21  effects of achieving the goal on the financial viability of a

22  county's waste-to-energy facility. Nothing in this subsection

23  shall exempt a county from developing and implementing a

24  recycling program pursuant to this act.

25         (7)  In order to assess the progress in meeting the

26  goal established in subsection (4), each county shall, by

27  October each year, provide information report to the

28  department on its annual solid waste management program and

29  recycling activities.  The information report by the county

30  must include:

31         (a)  A description of its public education program on

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  recycling;

  2         (a)(b)  The amount of municipal solid waste disposed of

  3  at solid waste disposal facilities, by type of waste such as

  4  yard trash, white goods, clean debris, tires, and unseparated

  5  solid waste;

  6         (b)(c)  The amount and type of materials from the

  7  municipal solid waste stream that were recycled; and

  8         (c)(d)  The percentage of the population participating

  9  in various types of recycling activities instituted.;

10         (e)  The percent reduction each year in municipal solid

11  waste disposed of at solid waste disposal facilities;

12         (f)  A description of the recycling activities

13  attempted, their success rates, the perceived reasons for

14  failure or success, and the recycling activities which are

15  ongoing and most successful; and

16         (g)  A description of the progress made toward

17  developing a composting program for organic materials such as

18  yard waste, food waste, and paper waste that would otherwise

19  be disposed of in a landfill.

20         (8)  A county or municipality may enter into a written

21  agreement with other persons, including persons transporting

22  solid waste on October 1, 1988, to undertake to fulfill some

23  or all of the county's or municipality's responsibilities

24  under this section.

25         (9)  In the development and implementation of a

26  curbside recyclable materials collection program, a county or

27  municipality shall enter into negotiations with a franchisee

28  who is operating to exclusively collect solid waste within a

29  service area of a county or municipality to undertake curbside

30  recyclable materials collection responsibilities for a county

31  or municipality. If the county or municipality and such

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1  franchisee fail to reach an agreement within 60 days from the

  2  initiation of such negotiations, the county or municipality

  3  may solicit proposals from other persons to undertake curbside

  4  recyclable materials collection responsibilities for the

  5  county or municipality as it may require.  Upon the

  6  determination of the lowest responsible proposal, the county

  7  or municipality may undertake, or enter into a written

  8  agreement with the person who submitted the lowest responsible

  9  proposal to undertake, the curbside recyclable materials

10  collection responsibilities for the county or municipality,

11  notwithstanding the exclusivity of such franchise agreement.

12         (10)  In developing and implementing recycling

13  programs, counties and municipalities shall give consideration

14  to the collection, marketing, and disposition of recyclable

15  materials by persons engaged in the business of recycling on

16  October 1, 1988, whether or not the persons are were operating

17  for profit.  Counties and municipalities are encouraged to use

18  for-profit and nonprofit organizations in fulfilling their

19  responsibilities under this act.

20         (11)  A county and the municipalities within the

21  county's boundaries may jointly develop a recycling program,

22  provided that the county and each such municipality must enter

23  into a written agreement to jointly develop a recycling

24  program.  If a municipality does not participate in jointly

25  developing a recycling program with the county within which it

26  is located, the county may require the municipality to provide

27  information on recycling efforts undertaken within the

28  boundaries of the municipality in order to determine whether

29  the goal for municipal solid waste reduction is being

30  achieved.

31         (12)  It is the policy of the state that a county and

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  1  its municipalities may jointly determine, through an

  2  interlocal agreement pursuant to s. 163.01 or by requesting

  3  the passage of special legislation, which local governmental

  4  agency shall administer a solid waste management or recycling

  5  program.

  6         (13)  The county shall provide written notice to all

  7  municipalities within the county when recycling program

  8  development begins and shall provide periodic written progress

  9  reports to the municipalities concerning the preparation of

10  the recycling program.

11         (14)  Nothing in this act shall be construed to prevent

12  the governing body of any county or municipality from

13  providing by ordinance or regulation for solid waste

14  management requirements which are stricter or more extensive

15  than those imposed by the state solid waste management program

16  and rules, regulations, and orders issued thereunder.

17         (15)  Nothing in this act or in any rule adopted by any

18  agency shall be construed to require any county or

19  municipality to participate in any regional solid waste

20  management or regional resource recovery program until the

21  governing body of such county or municipality has determined

22  that participation in such a program is economically feasible

23  for that county or municipality. Nothing in this act or in any

24  special or local act or in any rule adopted by any agency

25  shall be construed to limit the authority of a municipality to

26  regulate the disposal of solid waste within its boundaries or

27  generated within its boundaries so long as a facility for any

28  such disposal has been approved by the department, unless the

29  municipality is included within a solid waste management

30  program created by interlocal agreement or special or local

31  act. If bonds had been issued to finance a resource recovery

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  1  or management program or a solid waste management program in

  2  reliance on state law granting to a county the responsibility

  3  for the resource recovery or management program or a solid

  4  waste management program, nothing herein shall permit any

  5  governmental agency to withdraw from said program if said

  6  agency's participation is necessary for the financial

  7  feasibility of the project, so long as said bonds are

  8  outstanding.

  9         (16)  Nothing in this chapter or in any rule adopted by

10  any state agency hereunder shall require any person to

11  subscribe to any private solid waste collection service.

12         (17)  To effect the purposes of this part, counties and

13  municipalities are authorized, in addition to other powers

14  granted pursuant to this part:

15         (a)  To contract with persons to provide resource

16  recovery services or operate resource recovery facilities on

17  behalf of the county or municipality.

18         (b)  To indemnify persons providing resource recovery

19  services or operating resource recovery facilities for

20  liabilities or claims arising out of the provision or

21  operation of such services or facilities that are not the

22  result of the sole negligence of the persons providing such

23  services or operating such facilities.

24         (c)  To waive sovereign immunity and immunity from suit

25  in federal court by vote of the governing body of the county

26  or municipality to the extent necessary to carry out the

27  authority granted in paragraphs (a) and (b), notwithstanding

28  the limitations prescribed in s. 768.28.

29         (d)  To grant a solid waste fee waiver to nonprofit

30  organizations that are engaged in the collection of donated

31  goods for charitable purposes and that have a recycling or

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  1  reuse rate of 50 percent or better.

  2         (18)  Each operator of a solid waste management

  3  facility owned or operated by or on behalf of a county or

  4  municipality shall weigh all solid waste when it is received.

  5  The scale used to measure the solid waste shall conform to the

  6  requirements of chapter 531 and any rules promulgated

  7  thereunder.

  8         (19)  A county listed in chapter 17-7, Florida

  9  Administrative Code, which was required to submit to the

10  department a local resource recovery and management program

11  shall revise its existing local resource recovery and

12  management program if necessary to meet the requirements of

13  this act.

14         (19)(20)  In the event the power to manage solid waste

15  has been granted to a special district or other entity by

16  special act or interlocal agreement, any duty or

17  responsibility or penalty imposed under this part on a county

18  or municipality shall apply to such special district or other

19  entity to the extent of the grant of such duty or

20  responsibility or imposition of such penalty.  To the same

21  extent, such special district or other entity shall be

22  eligible for grants or other benefits provided pursuant to

23  this part.

24         (20)(21)  In addition to any other penalties provided

25  by law, a local government that does not comply with the

26  requirements of subsections (2) and (4) shall not be eligible

27  for grants from the Solid Waste Management Trust Fund, and the

28  department may notify the State Treasurer to withhold payment

29  of all or a portion of funds payable to the local government

30  by the department from the General Revenue Fund or by the

31  department from any other state fund, to the extent not

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  1  pledged to retire bonded indebtedness, unless the local

  2  government demonstrates that good faith efforts to meet the

  3  requirements of subsections (2) and (4) have been made or that

  4  the funds are being or will be used to finance the correction

  5  of a pollution control problem that spans jurisdictional

  6  boundaries.

  7         (21)(22)  Local governments are authorized to enact

  8  ordinances that require and direct all residential properties

  9  and industrial, commercial, and institutional establishments

10  as defined by the local government to establish programs for

11  the separation of recyclable materials designated by the local

12  government, which recyclable materials are specifically

13  intended for purposes of recycling and for which a market

14  exists, and to provide for their collection.  Such ordinances

15  may include, but are not limited to, provisions that prohibit

16  any person from knowingly disposing of recyclable materials

17  designated by the local government and that ensure the

18  collection of recovered materials as necessary to protect

19  public health and safety.

20         (22)(23)  Nothing in this act shall limit the authority

21  of the state or any local government to regulate the

22  collection, transportation, processing, or handling of

23  recovered materials or solid waste in order to protect the

24  public health, safety, and welfare.

25         Section 4.  Subsections (15) and (16) are added to

26  section 403.707, Florida Statutes, to read:

27         403.707  Permits.--

28         (15)  Construction and demolition debris must be

29  separated from the solid waste stream and segregated in

30  separate locations at a solid waste disposal facility or other

31  permitted site.

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  1         (16)  No facility, solely by virtue of the fact that it

  2  uses processed yard trash or clean wood or paper waste as a

  3  fuel source, shall be deemed to be a solid waste disposal

  4  facility.

  5         Section 5.  Section 403.709, Florida Statutes, is

  6  amended to read:

  7         (Substantial rewording of section. See

  8         s. 403.709, F.S., for present text.)

  9         403.709  Solid Waste Management Trust Fund; use of

10  waste tire fees.--There is created the Solid Waste Management

11  Trust Fund, to be administered by the department for the

12  purposes of:

13         (1)  Funding solid waste activities of the department

14  and other state agencies, such as providing technical

15  assistance to local governments and the private sector,

16  performing solid waste regulatory and enforcement functions,

17  preparing solid waste documents, and implementing solid waste

18  education programs.

19         (2)  Providing funding for research and training

20  programs relating to solid waste management through the Center

21  for Solid and Hazardous Waste Management and other

22  organizations that can reasonably demonstrate the capability

23  to carry out such projects.

24         (3)  Providing funding to supplement any other funds

25  provided to the Department of Agriculture and Consumer

26  Services for mosquito control. At least $3 million of the

27  revenues deposited in the fund annually from waste tire fees

28  shall be transferred to the General Inspection Trust Fund in

29  the Department of Agriculture and Consumer Services to be used

30  for mosquito control, especially control of West Nile Virus.

31         (4)  Providing funding to the Department of

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  1  Transportation for litter prevention and control programs

  2  coordinated by Keep Florida Beautiful, Inc.

  3         (5)  Providing a minimum of $8 million for funding a

  4  competitive and innovative grant program pursuant to s.

  5  403.7095 for activities relating to recycling and reducing the

  6  volume of municipal solid waste, including waste tires

  7  requiring final disposal.

  8         (6)  The department shall recover to the use of the

  9  fund from the site owner or the person responsible for the

10  accumulation of tires at the site, jointly and severally, all

11  sums expended from the fund pursuant to this section to manage

12  tires at an illegal waste tire site, except that the

13  department may decline to pursue such recovery if it finds the

14  amount involved too small or the likelihood of recovery too

15  uncertain. If a court determines that the owner is unable or

16  unwilling to comply with the rules adopted pursuant to this

17  section or s. 403.717, the court may authorize the department

18  to take possession and control of the waste tire site in order

19  to protect the health, safety, and welfare of the community

20  and the environment.

21         (7)  The department may impose a lien on the real

22  property on which the waste tire site is located and the waste

23  tires equal to the estimated cost to bring the tire site into

24  compliance, including attorney's fees and court costs.  Any

25  property owner which has such a lien imposed may release her

26  or his property from any lien claimed under this subsection by

27  filing with the clerk of the circuit court a cash or surety

28  bond, payable to the department in the amount of the estimated

29  cost of bringing the tire site into compliance with department

30  rules, including attorney's fees and court costs, or the value

31  of the property after the abatement action is complete,

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  1  whichever is less.

  2         (8)  This section does not limit the use of other

  3  remedies available to the department. 

  4         Section 6.  Section 403.7095, Florida Statutes, is

  5  amended to read:

  6         (Substantial rewording of section. See

  7         s. 403.7095, F.S., for present text.)

  8         403.7095  Solid waste management grant program.--

  9         (1)  The department shall develop a competitive and

10  innovative grant program for counties, municipalities, special

11  districts, and nonprofit organizations with legal

12  responsibility for the provision of solid waste management

13  services that:

14         (a)  Demonstrate technologies or processes that are not

15  in common use in Florida, that represent a novel application

16  of an existing technology or process, or that overcome

17  obstacles to recycling and waste reduction in new or

18  innovative ways;

19         (b)  Demonstrate innovative processes to collect and

20  recycle or reduce materials targeted by the department and the

21  recycling industry; or

22         (c)  Demonstrate effective solutions to solving solid

23  waste problems resulting from waste tires, particularly in the

24  areas of enforcement and abatement of illegal tire dumping.

25

26  Because the Legislature recognizes that input from the

27  recycling industry is essential to the success of this grant

28  program, the department shall cooperate with private-sector

29  entities to develop a process and define specific criteria for

30  allowing their participation with grant recipients.

31         (d)  The department shall evaluate and prioritize the

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  1  annual grant proposals and present the annual prioritized list

  2  of projects to be funded to the Governor and the Legislature

  3  as part of its annual budget request submitted pursuant to

  4  chapter 216. Potential grant recipients are encouraged to

  5  demonstrate local support for grant proposals by the

  6  commitment of cash or in-kind matching funds.

  7         (2)  The department shall develop a consolidated grant

  8  program for small counties with populations fewer than 100,000

  9  with grants to be distributed equally among eligible counties.

10  Programs to be supported with the small county consolidated

11  grants include general solid waste management, litter

12  prevention and control, and recycling and education programs.

13         (3)  The department shall develop a waste tire grant

14  program making grants available to all counties.  The

15  department shall ensure at least 25 percent of the funding

16  available for waste tire grants is distributed equally to each

17  county with a population less than 100,000.

18         (4)  From the funds made available pursuant to s.

19  403.709(5) for the grant program created by this section the

20  following distributions shall be made:

21         (a)  A minimum of $1 million for the program described

22  in subsection (1);

23         (b)  A minimum of $3 million for the program described

24  in subsection (2); and

25         (c)  A minimum of $4 million for the program described

26  in subsection (3).

27         (5)  The department may adopt rules necessary to

28  administer this section, including, but not limited to, rules

29  governing timeframes for submitting grant applications,

30  criteria for prioritizing grant proposals, matching criteria,

31  maximum grant amounts, and allocation of appropriated funds

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                                                   Bill No. HB 851

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  1  based upon project and applicant size.

  2         Section 7.  Subsections (1) and (4) of section 403.717,

  3  Florida Statutes, are amended to read:

  4         403.717  Waste tire and lead-acid battery

  5  requirements.--

  6         (1)  For purposes of this section and ss. 403.718 and,

  7  403.7185, and 403.719:

  8         (a)  "Department" means the Department of Environmental

  9  Protection.

10         (b)  "Motor vehicle" means an automobile, motorcycle,

11  truck, trailer, semitrailer, truck tractor and semitrailer

12  combination, or any other vehicle operated in this state, used

13  to transport persons or property and propelled by power other

14  than muscular power, but the term does not include traction

15  engines, road rollers, such vehicles as run only upon a track,

16  bicycles, mopeds, or farm tractors and trailers.

17         (c)  "Tire" means a continuous solid or pneumatic

18  rubber covering encircling the wheel of a motor vehicle.

19         (d)  "Waste tire" means a tire that has been removed

20  from a motor vehicle and has not been retreaded or regrooved.

21  "Waste tire" includes, but is not limited to, used tires and

22  processed tires.

23         (e)  "Waste tire collection center" means a site where

24  waste tires are collected from the public prior to being

25  offered for recycling and where fewer than 1,500 tires are

26  kept on the site on any given day.

27         (f)  "Waste tire processing facility" means a site

28  where equipment is used to recapture reusable byproducts from

29  waste tires or to cut, burn, or otherwise alter waste tires so

30  that they are no longer whole. The term includes mobile waste

31  tire processing equipment.

                                  25

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                                                   Bill No. HB 851

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  1         (g)  "Waste tire site" means a site at which 1,500 or

  2  more waste tires are accumulated.

  3         (h)  "Lead-acid battery" means those lead-acid

  4  batteries designed for use in motor vehicles, vessels, and

  5  aircraft, and includes such batteries when sold new as a

  6  component part of a motor vehicle, vessel, or aircraft, but

  7  not when sold to recycle components.

  8         (i)  "Indoor" means within a structure which excludes

  9  rain and public access and would control air flows in the

10  event of a fire.

11         (j)  "Processed tire" means a tire that has been

12  treated mechanically, chemically, or thermally so that the

13  resulting material is a marketable product or is suitable for

14  proper disposal.

15         (k)  "Used tire" means a waste tire which has a minimum

16  tread depth of  3/32  inch or greater and is suitable for use

17  on a motor vehicle.

18         (4)  The department shall adopt rules to carry out the

19  provisions of this section and s. ss. 403.718 and 403.719.

20  Such rules shall:

21         (a)  Provide for the administration or revocation of

22  waste tire processing facility permits, including mobile

23  processor permits;

24         (b)  Provide for the administration or revocation of

25  waste tire collector registrations, the fees for which may not

26  exceed $50 per vehicle registered annually;

27         (c)  Provide for the administration or revocation of

28  waste tire collection center permits, the fee for which may

29  not exceed $250 annually.

30         (d)  Set standards, including financial assurance

31  standards, for waste tire processing facilities and associated

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                                                   Bill No. HB 851

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  1  waste tire sites, waste tire collection centers, waste tire

  2  collectors, and for the storage of waste tires and processed

  3  tires, including storage indoors;

  4         (e)  The department may by rule exempt not-for-hire

  5  waste tire collectors and processing facilities from financial

  6  assurance requirements.

  7         (f)  Establish procedures for administering the waste

  8  tire grants program and issuing grants;

  9         (f)(g)  Authorize the final disposal of waste tires at

10  a permitted solid waste disposal facility provided the tires

11  have been cut into sufficiently small parts to assure their

12  proper disposal; and

13         (g)(h)  Allow waste tire material which has been cut

14  into sufficiently small parts to be used as daily cover

15  material for a landfill.

16         Section 8.  Subsections (2) and (3) of section 403.718,

17  Florida Statutes, are amended to read:

18         403.718  Waste tire fees.--

19         (2)  The fee imposed by this section shall be reported

20  to the Department of Revenue.  The payment shall be

21  accompanied by such form as the Department of Revenue may

22  prescribe.  The proceeds of the waste tire fee, less

23  administrative costs, shall be transferred by the Department

24  of Revenue into the waste tire account within the Solid Waste

25  Management Trust Fund.  For the purposes of this section,

26  "proceeds" of the fee means shall mean all funds collected and

27  received by the department hereunder, including interest and

28  penalties on delinquent fees.  The amount deducted for the

29  costs of administration must shall not exceed 3 percent of the

30  total revenues collected hereunder and may include shall be

31  only those costs reasonably attributable to the fee.

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  1         (3)(a)  The Department of Revenue shall administer,

  2  collect, and enforce the fee authorized under this section

  3  pursuant to the same procedures used in the administration,

  4  collection, and enforcement of the general state sales tax

  5  imposed under chapter 212, except as provided in this section.

  6  The provisions of this section regarding the authority to

  7  audit and make assessments, keeping of books and records, and

  8  interest and penalties on delinquent fees shall apply.  The

  9  fee shall not be included in the computation of estimated

10  taxes pursuant to s. 212.11 nor shall the dealer's credit for

11  collecting taxes or fees in s. 212.12 apply to this fee.

12         (b)  The Department of Revenue is authorized to employ

13  persons and incur other expenses for which funds are

14  appropriated by the Legislature.  The department is empowered

15  to adopt such rules and shall prescribe and publish such forms

16  as are may be necessary to effectuate the purposes of this

17  section. The department is authorized to establish audit

18  procedures and to assess delinquent fees.

19         Section 9.  Water quality improvement and water

20  restoration grant program.--

21         (1)  The Department of Environmental Protection shall

22  develop and administer a competitive grant program to use

23  funds transferred pursuant to s. 212.20, Florida Statutes, to

24  the Ecosystem Management and Restoration Trust Fund for water

25  quality improvement and water restoration projects. Eligible

26  recipients of grants under the program include counties,

27  municipalities, water management districts, and special

28  districts with legal responsibilities for water quality

29  improvement, water management, storm water management, sewer

30  system operations, and lake and river restoration projects.

31         (2)  The competitive grant program shall provide for

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  1  the evaluation of annual grant proposals, considering the

  2  degree to which the proposed projects would protect public

  3  health and the environment. Other considerations in the

  4  evaluation of proposed projects shall include the degree that

  5  the project would help implement plans developed pursuant to

  6  the Surface Water Improvement and Management Act, other water

  7  restoration plans required by law, management plans prepared

  8  pursuant to s. 403.067, Florida Statutes, or other plans

  9  adopted by local government for water quality improvement and

10  water restoration.

11         (3)  The department shall evaluate the annual grant

12  proposals and present the annual list of projects recommended

13  to be funded to the Governor and the Legislature as part of

14  its annual budget request submitted pursuant to chapter 216,

15  Florida Statutes.

16         (4)  No later than February 1 of each year water

17  quality improvement projects and water restoration projects,

18  submitted for funding through the legislative process shall be

19  submitted to the department by the appropriate fiscal

20  committees of the House and Senate.  The department shall

21  review the projects for funding eligibility and must, no later

22  than March 1 of each year, provide each fiscal committee with

23  a list of projects that meet the eligibility requirements

24  under this grant program.

25         (5)  The department may adopt rules necessary to

26  administer this section, including, but not limited to, rules

27  governing timeframes for submitting grant applications,

28  evaluation criteria for grant proposals, forms, matching

29  criteria, and maximum grant amounts.

30         Section 10.  Sections 403.7085, 403.7165, 403.7175 and

31  403.719, Florida Statutes, are repealed.

                                  29

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  1         Section 11.  This act shall take effect upon becoming a

  2  law.

  3

  4

  5  ================ T I T L E   A M E N D M E N T ===============

  6  And the title is amended as follows:

  7         On page 1 line 2 through page 2 line 10,

  8  remove:  all of said lines

  9

10  and insert:

11         amending s. 212.20, F.S.; providing for

12         transfer of certain sales tax proceeds to the

13         Ecosystem Management and Restoration Trust

14         Fund, rather than to the Solid Waste Management

15         Trust Fund; providing uses of such funds;

16         amending s. 403.705, F.S.; deleting the

17         requirement that the state solid waste

18         management program be updated every 3 years;

19         requiring the Department to obtain certain

20         information from the counties and to prepare

21         periodic reports; amending s. 403.706, F.S.;

22         requiring counties to implement a recyclable

23         materials recycling program; revising the

24         requirements for the counties' recycling

25         program; deleting certain notice requirements

26         relating to counties providing the opportunity

27         to recycle; modifying the provisions relating

28         to the information counties must provide to the

29         Department of Environmental Protection

30         regarding their solid waste management program

31         and recycling activities; amending s. 403.707,

                                  30

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  1         F.S.; providing requirements for disposal of

  2         construction and demolition debris;

  3         substantially rewording s. 403.709, F.S.;

  4         revising uses of moneys in the Solid Waste

  5         Management Trust Fund, providing funding for

  6         research and training programs; providing

  7         funding to the Department of Agriculture and

  8         Consumer Services for mosquito control;

  9         providing funding to the Department of

10         Transportation for litter prevention; providing

11         funding for a solid waste grant program

12         including recycling and waste tire reduction;

13         authorizing the department to recover funds

14         under certain circumstances; authorizing the

15         department to impose liens in certain

16         circumstances; substantially rewording s.

17         403.7095, F.S.; revising requirements and

18         procedures relating to the solid waste

19         management grant program; requiring the

20         Department of Environmental Protection to

21         evaluate and prioritize grant proposals and

22         submit a prioritized list to the Governor and

23         Legislature as part of its annual budget

24         request; providing funding for competitive and

25         innovative grants; providing funding for small

26         county grants; providing funding for waste tire

27         grants; authorizing the department to adopt

28         rules to administer the grant program; amending

29         s. 403.717, F.S.; deleting references and cross

30         references relating to the waste tire grants

31         program; amending s. 403.718, F.S.; eliminating

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 851

    Amendment No. 1 (for drafter's use only)





  1         the waste tire account within the Solid Waste

  2         Management Trust Fund; creating a Water Quality

  3         Improvement and Water Restoration grant program

  4         to be administered by the Department of

  5         Environmental Protection; specifying eligible

  6         grant recipients and criteria for evaluation of

  7         grant proposals; requiring the department to

  8         evaluate grant proposals and submit a list to

  9         the Governor and Legislature as part of its

10         annual budget request; creating a process for

11         the Department of Environmental Protection to

12         review projects submitted for funding through

13         the legislative process; authorizing the

14         department to adopt rules to administer the

15         grant program; repealing s. 403.7165, F.S.;

16         relating to the Applications Demonstration

17         Center for Resource Recovery from Solid Organic

18         Materials; repealing s. 403.7175, F.S.;

19         relating to an annual transfer from the General

20         Revenue Fund; repealing s. 403.7085, F.S.;

21         relating to the disposal of animal parts and

22         fats and certain other waste products;

23         repealing s. 403.719, F.S.; eliminating the

24         grant program for the collection, removal,

25         processing, and recycling of waste tires;

26         providing an effective date.

27

28

29

30

31

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