House Bill hb0851c1

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




    Florida House of Representatives - 2002              CS/HB 851

        By the Council for Ready Infrastructure and
    Representatives Dockery, Argenziano and Ross





  1                      A bill to be entitled

  2         An act relating to solid waste management;

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

  4         transfer of certain sales tax proceeds to the

  5         Ecosystem Management and Restoration Trust

  6         Fund, rather than to the Solid Waste Management

  7         Trust Fund; providing uses of such funds;

  8         amending s. 403.703, F.S.; correcting cross

  9         references; amending s. 403.705, F.S.; deleting

10         the requirement that the state solid waste

11         management program be updated every 3 years;

12         requiring the Department of Environmental

13         Protection to obtain certain information from

14         the counties and to prepare periodic reports;

15         deleting an annual reporting requirement;

16         amending s. 403.706, F.S.; requiring counties

17         to implement a recyclable materials recycling

18         program; revising the requirements for the

19         counties' recycling program; deleting certain

20         notice requirements relating to counties

21         providing the opportunity to recycle; modifying

22         provisions relating to the information counties

23         must provide to the department regarding their

24         solid waste management program and recycling

25         activities; amending s. 403.7061, F.S.;

26         correcting a cross reference; amending s.

27         403.707, F.S.; providing requirements for

28         disposal of construction and demolition debris

29         at a solid waste disposal facility; clarifying

30         what is not a solid waste facility; amending s.

31         403.709, F.S.; revising uses of moneys in the

                                  1

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         Solid Waste Management Trust Fund; providing

  2         funding for research and training programs;

  3         providing funding to the Department of

  4         Agriculture and Consumer Services for mosquito

  5         control; providing funding to the Department of

  6         Transportation for litter prevention; providing

  7         funding for a solid waste grant program,

  8         including recycling and waste tire reduction;

  9         authorizing the department to recover funds

10         under certain circumstances; authorizing the

11         department to impose liens under certain

12         circumstances; amending s. 403.7095, F.S.;

13         revising requirements and procedures relating

14         to the solid waste management grant program;

15         requiring the department to evaluate and

16         prioritize grant proposals and submit a

17         prioritized list to the Governor and

18         Legislature as part of its annual budget

19         request; providing funding for small county

20         grants; providing funding for waste tire

21         grants; providing funding for competitive and

22         innovative grants; authorizing the department

23         to adopt rules to administer the grant program;

24         amending s. 403.717, F.S.; deleting references

25         and cross references relating to the waste tire

26         grants program; amending s. 403.718, F.S.;

27         eliminating the waste tire account within the

28         Solid Waste Management Trust Fund; creating the

29         Water Quality Improvement and Water Restoration

30         Grant Program, to be administered by the

31         department; specifying eligible grant

                                  2

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         recipients and criteria for evaluation of grant

  2         proposals; requiring the department to evaluate

  3         grant proposals and submit a list to the

  4         Governor and Legislature as part of its annual

  5         budget request; providing for funding of

  6         projects to assist financially disadvantaged

  7         small local governments; creating a process for

  8         department review of projects submitted for

  9         funding through the legislative process;

10         authorizing the department to adopt rules to

11         administer the grant program; repealing s.

12         403.7085, F.S., relating to the disposal of

13         animal parts and fats and certain other waste

14         products; repealing s. 403.7165, F.S., relating

15         to the Applications Demonstration Center for

16         Resource Recovery from Solid Organic Materials;

17         repealing s. 403.7175, F.S., relating to an

18         annual transfer from the General Revenue Fund;

19         repealing s. 403.719, F.S., relating to the

20         grant program for the collection, removal,

21         processing, and recycling of waste tires;

22         providing effective dates.

23

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

25

26         Section 1.  Effective July 1, 2003, subsection (6) of

27  section 212.20, Florida Statutes, is amended to read:

28         212.20  Funds collected, disposition; additional powers

29  of department; operational expense; refund of taxes

30  adjudicated unconstitutionally collected.--

31

                                  3

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         (6)  Distribution of all proceeds under this chapter

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

  3         (a)  Proceeds from the convention development taxes

  4  authorized under s. 212.0305 shall be reallocated to the

  5  Convention Development Tax Clearing Trust Fund.

  6         (b)  Proceeds from discretionary sales surtaxes imposed

  7  pursuant to ss. 212.054 and 212.055 shall be reallocated to

  8  the Discretionary Sales Surtax Clearing Trust Fund.

  9         (c)  Proceeds from the fees imposed under ss.

10  212.05(1)(i)3. and 212.18(3) shall remain with the General

11  Revenue Fund.

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

13  pursuant to this chapter or remitted pursuant to s.

14  202.18(1)(b) and (2)(b) shall be distributed as follows:

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

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

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

18  other taxes and fees imposed pursuant to this chapter or

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

20  deposited in monthly installments into the General Revenue

21  Fund.

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

23  the Ecosystem Management and Restoration Trust Fund to be used

24  for water quality improvement and water restoration projects

25  Solid Waste Management Trust Fund.

26         3.  After the distribution under subparagraphs 1. and

27  2., 9.653 percent of the amount remitted by a sales tax dealer

28  located within a participating county pursuant to s. 218.61

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

30  Tax Clearing Trust Fund.

31

                                  4

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

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

  3  Government Half-cent Sales Tax Clearing Trust Fund and

  4  distributed pursuant to s. 218.65.

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

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

  7  percent of the available proceeds pursuant to this paragraph

  8  shall be transferred monthly to the Revenue Sharing Trust Fund

  9  for Counties pursuant to s. 218.215.

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

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

12  1.0715 percent of the available proceeds pursuant to this

13  paragraph shall be transferred monthly to the Revenue Sharing

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

15  total revenue to be distributed pursuant to this subparagraph

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

17  Sharing Trust Fund for Municipalities and the Municipal

18  Financial Assistance Trust Fund in state fiscal year

19  1999-2000, no municipality shall receive less than the amount

20  due from the Revenue Sharing Trust Fund for Municipalities and

21  the Municipal Financial Assistance Trust Fund in state fiscal

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

23  less than the amount received in combination from the Revenue

24  Sharing Trust Fund for Municipalities and the Municipal

25  Financial Assistance Trust Fund in state fiscal year

26  1999-2000, each municipality shall receive an amount

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

28  1999-2000.

29         7.  Of the remaining proceeds:

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

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

                                  5

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

  2  part shall be distributed to each county.  The distribution

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

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

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

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

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

  8  district school board, special district, or a municipal

  9  government, such payment shall continue until such time that

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

11  covenants with holders of bonds or other instruments of

12  indebtedness issued by local governments, special districts,

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

14  not the intent of this subparagraph to adversely affect the

15  rights of those holders or relieve local governments, special

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

17  obligations as a result of previous pledges or assignments or

18  trusts entered into which obligated funds received from the

19  distribution to county governments under then-existing s.

20  550.135.  This distribution specifically is in lieu of funds

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

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

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

24  certified as a "facility for a new professional sports

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

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

27  distributed monthly by the department to each applicant that

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

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

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

31  all certified facilities for a retained spring training

                                  6

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  franchise. Distributions shall begin 60 days following such

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

  3  Nothing contained in this paragraph shall be construed to

  4  allow an applicant certified pursuant to s. 288.1162 to

  5  receive more in distributions than actually expended by the

  6  applicant for the public purposes provided for in s.

  7  288.1162(6). However, a certified applicant is entitled to

  8  receive distributions up to the maximum amount allowable and

  9  undistributed under this section for additional renovations

10  and improvements to the facility for the franchise without

11  additional certification.

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

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

14  Revenue that an applicant has been certified as the

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

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

17  up to 300 months, to the applicant.

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

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

20  Revenue that the applicant has been certified as the

21  International Game Fish Association World Center facility

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

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

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

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

26  $999,996 shall be made, after certification and before July 1,

27  2000.

28         8.  All other proceeds shall remain with the General

29  Revenue Fund.

30         Section 2.  Subsections (2) and (3) of section 403.703,

31  Florida Statutes, are amended to read:

                                  7

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         403.703  Definitions.--As used in this act, unless the

  2  context clearly indicates otherwise, the term:

  3         (2)  "County," or any like term, means a political

  4  subdivision of the state established pursuant to s. 1, Art.

  5  VIII of the State Constitution and when s. 403.706(19)(20)

  6  applies, means a special district or other entity.

  7         (3)  "Municipality," or any like term, means a

  8  municipality created pursuant to general or special law

  9  authorized or recognized pursuant to s. 2 or s. 6, Art. VIII

10  of the State Constitution and when s. 403.706(19)(20) applies,

11  means a special district or other entity.

12         Section 3.  Section 403.705, Florida Statutes, is

13  amended to read:

14         403.705  State solid waste management program.--

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

16         (a)  Provide guidelines for the orderly collection,

17  transportation, storage, separation, processing, recovery,

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

19         (b)  Encourage coordinated local activity for solid

20  waste management within a common geographical area;

21         (c)  Investigate the present status of solid waste

22  management in the state with positive proposals for local

23  action to correct deficiencies in present solid waste

24  management processes;

25         (d)  Provide planning, technical, and financial

26  assistance to local governments and state agencies for

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

28  for safe and environmentally sound solid waste management and

29  disposal;

30

31

                                  8

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

  2  and recycling programs to properly manage solid waste and

  3  conserve resources; and

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

  5  and the training of solid waste management professionals to

  6  reduce the production of solid waste, to ensure proper

  7  processing and disposal of solid waste, and to encourage

  8  recycling and solid waste reduction.

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

10  updated at least once every 3 years.

11         (2)(3)  The state solid waste management program shall

12  include, at a minimum:

13         (a)  Procedures and requirements to ensure cooperative

14  efforts in solid waste management by counties and

15  municipalities and groups of counties and municipalities where

16  appropriate.

17         (b)  Provisions for the continuation of existing

18  effective regional resource recovery, recycling, and solid

19  waste management facilities and programs.

20         (c)  Planning guidelines and technical assistance to

21  counties and municipalities to aid in meeting the municipal

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

23         (d)  Planning guidelines and technical assistance to

24  counties and municipalities to develop and implement recycling

25  programs.

26         (e)  Technical assistance to counties and

27  municipalities in determining the full cost for solid waste

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

29         (f)  Planning guidelines and technical assistance to

30  counties and municipalities to develop and implement programs

31  for alternative disposal or processing or recycling of the

                                  9

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  solid wastes prohibited from disposal in landfills under s.

  2  403.708(13) and for special wastes.

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

  4  cooperation with the Department of Education, local

  5  governments, other state agencies, and business and industry

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

  7  benefits of recycling of solid waste and reducing the amounts

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

  9  state.  The public education program shall be implemented

10  through public workshops and through the use of brochures,

11  reports, public service announcements, and other materials.

12         (3)  The department shall periodically seek information

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

14  the solid waste reduction goal.

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

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

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

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

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

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

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

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

23  waste recycling and disposal used during the calendar year

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

25         (c)  An evaluation of the development and

26  implementation of local solid waste management programs and

27  county and municipal recycling programs.

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

29  group of counties in meeting the municipal solid waste

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

31

                                  10

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         (e)  Recommendations concerning existing and potential

  2  programs for solid waste reduction and recycling that would be

  3  appropriate for local governments and state agencies to

  4  implement to meet the requirements of this act.

  5         (f)  An evaluation of the markets for recycled

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

  7  industry efforts to enhance the markets for such materials.

  8         (g)  Recommendations to the Governor and the

  9  Legislature to improve the management and recycling of solid

10  waste in this state.

11         (5)  The department shall develop descriptive

12  literature to inform local governments of the solid waste

13  management responsibilities and opportunities described in

14  this act.

15         Section 4.  Section 403.706, Florida Statutes, is

16  amended to read:

17         403.706  Local government solid waste

18  responsibilities.--

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

20  responsibility and power to provide for the operation of solid

21  waste disposal facilities to meet the needs of all

22  incorporated and unincorporated areas of the county.  Unless

23  otherwise approved by an interlocal agreement or special act,

24  municipalities may not operate solid waste disposal facilities

25  unless a municipality demonstrates by a preponderance of the

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

27  compared to alternatives proposed by the municipality, places

28  a significantly higher and disproportionate financial burden

29  on the citizens of the municipality when compared to the

30  financial burden placed on persons residing within the county

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

                                  11

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  construct and operate a resource recovery facility and related

  2  onsite solid waste disposal facilities without an interlocal

  3  agreement with the county if the municipality can demonstrate

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

  5  facility will not significantly impair financial commitments

  6  made by the county with respect to solid waste management

  7  services and facilities or result in significantly increased

  8  solid waste management costs to the remaining persons residing

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

10  facility.  This section shall not prevent a municipality from

11  continuing to operate or use an existing disposal facility

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

13  which establishes a solid waste disposal facility under this

14  subsection and subsequently abandons such facility shall be

15  responsible for the payment of any capital expansion necessary

16  to accommodate the municipality's solid waste for the

17  remaining projected useful life of the county disposal

18  facility. Pursuant to this section and notwithstanding any

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

20  and authority to adopt ordinances governing the disposal of

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

22  solid waste disposal facility.  In accordance with this

23  section, municipalities are responsible for collecting and

24  transporting solid waste from their jurisdictions to a solid

25  waste disposal facility operated by a county or operated under

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

27  for the handling and disposal of solid waste at their

28  facilities.  The fees charged to municipalities at a solid

29  waste management facility specified by the county shall not be

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

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

                                  12

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

  2  solid waste management services provided countywide.

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

  4  recyclable materials recycling program.  Counties and

  5  municipalities are encouraged to form cooperative arrangements

  6  for implementing recycling programs. The following

  7  requirements shall apply:

  8         (a)  Construction and demolition debris must be

  9  separated from the solid waste stream and segregated in

10  separate locations at a solid waste disposal facility or other

11  permitted site.

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

13  recover a significant portion of at least four of the

14  following materials majority of the newspaper, aluminum cans,

15  steel cans, glass, and plastic bottles from the solid waste

16  stream prior to final disposal at a solid waste disposal

17  facility and to offer these materials for recycling:

18  newspaper, aluminum cans, steel cans, glass, plastic bottles,

19  cardboard, office paper, and yard trash.  Local governments

20  which operate permitted waste-to-energy facilities may

21  retrieve ferrous and nonferrous metal steel cans as a

22  byproduct of combustion.

23         (c)  Local governments are encouraged to separate all

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

25  to final disposal and are further encouraged to recycle yard

26  trash and other mechanically treated solid waste into compost

27  available for agricultural and other acceptable uses.

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

29  for composting or mulching of organic materials that would

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

31

                                  13

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  mulching plans are encouraged to must address partnership with

  2  the private sector.

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

  4  possible, that municipalities within its boundaries

  5  participate in the preparation and implementation of recycling

  6  and solid waste management programs through interlocal

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

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

  9  program shall affect the authority of a municipality to

10  franchise or otherwise provide for the collection of solid

11  waste generated within the boundaries of the municipality.

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

13  programs shall be designed to provide for sufficient reduction

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

15  the municipalities within its boundaries in order to meet

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

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

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

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

20  be disposed of within the county and the municipalities within

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

22  determining whether the municipal solid waste reduction goal

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

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

25  construction and demolition debris, and tires that are removed

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

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

28  Laws of Florida, demonstrates that yard trash, construction

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

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

31  the county and municipalities within its boundaries, the

                                  14

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  county may meet the reduction goal established by this

  2  subsection by reducing the Class I municipal solid waste

  3  generated in the county and municipalities within its

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

  5  municipal solid waste is reduced in the 20 most populous

  6  counties, as determined by the department for the previous

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

  8  municipal solid waste" means municipal solid waste other than

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

10  and waste tires.

11         (b)  Notwithstanding the limitation on the waste

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

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

14  combination of the following:

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

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

17  facilities.

18         2.  the use of yard trash, or other clean wood waste or

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

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

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

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

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

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

25  provisions of this paragraph subparagraph only apply only if a

26  county can demonstrate that:

27         1.a.  The county has implemented a yard trash mulching

28  or composting program, and

29         2.b.  As part of the program, compost and mulch made

30  from yard trash is available to the general public and in use

31  at county-owned or maintained and municipally owned or

                                  15

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  maintained facilities in the county and state agencies

  2  operating in the county as required by this section.

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

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

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

  6  facility.

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

  8  less may provide its residents with the opportunity to recycle

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

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

11  means that the county:

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

13  recyclable materials prior to disposal that is located at a

14  solid waste management facility or solid waste disposal area;

15  or

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

17  collection of source-separated recyclable materials.

18         2.  Provides a public education and promotion program

19  that is conducted to inform its residents of the opportunity

20  to recycle, encourages source separation of recyclable

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

22  recycling, and composting materials.

23

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

25  provide the opportunity to recycle in lieu of achieving the

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

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

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

29  provide the opportunity to recycle.  The department shall take

30  into consideration the description provided by the county in

31

                                  16

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

  2  county pursuant to s. 403.7095.

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

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

  5  the operation of residential, commercial, governmental, or

  6  institutional establishments that would normally be collected,

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

  8  waste management service.  The term includes yard trash but

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

10  agricultural operations.

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

12  solid waste reduction goal that a county is required to

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

14  to the department that:

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

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

17  obligations of a county that are directly related to a

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

19  the county; and

20         (b)  The county cannot remove normally combustible

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

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

23  sufficient amount of solid waste to ensure the financial

24  viability of the facility.

25

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

27  or modified to the extent necessary to alleviate the adverse

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

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

30  shall exempt a county from developing and implementing a

31  recycling program pursuant to this act.

                                  17

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

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

  3  November October each year, provide information report to the

  4  department its annual solid waste management program and

  5  recycling activities.  The information report by the county

  6  must include:

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

  8  recycling;

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

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

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

12  solid waste;

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

14  municipal solid waste stream that were recycled; and

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

16  in various types of recycling activities instituted.;

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

18  waste disposed of at solid waste disposal facilities;

19         (f)  A description of the recycling activities

20  attempted, their success rates, the perceived reasons for

21  failure or success, and the recycling activities which are

22  ongoing and most successful; and

23         (g)  A description of the progress made toward

24  developing a composting program for organic materials such as

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

26  be disposed of in a landfill.

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

28  agreement with other persons, including persons transporting

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

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

31  under this section.

                                  18

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         (9)  In the development and implementation of a

  2  curbside recyclable materials collection program, a county or

  3  municipality shall enter into negotiations with a franchisee

  4  who is operating to exclusively collect solid waste within a

  5  service area of a county or municipality to undertake curbside

  6  recyclable materials collection responsibilities for a county

  7  or municipality. If the county or municipality and such

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

  9  initiation of such negotiations, the county or municipality

10  may solicit proposals from other persons to undertake curbside

11  recyclable materials collection responsibilities for the

12  county or municipality as it may require.  Upon the

13  determination of the lowest responsible proposal, the county

14  or municipality may undertake, or enter into a written

15  agreement with the person who submitted the lowest responsible

16  proposal to undertake, the curbside recyclable materials

17  collection responsibilities for the county or municipality,

18  notwithstanding the exclusivity of such franchise agreement.

19         (10)  In developing and implementing recycling

20  programs, counties and municipalities shall give consideration

21  to the collection, marketing, and disposition of recyclable

22  materials by persons engaged in the business of recycling on

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

24  for profit.  Counties and municipalities are encouraged to use

25  for-profit and nonprofit organizations in fulfilling their

26  responsibilities under this act.

27         (11)  A county and the municipalities within the

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

29  provided that the county and each such municipality must enter

30  into a written agreement to jointly develop a recycling

31  program.  If a municipality does not participate in jointly

                                  19

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  developing a recycling program with the county within which it

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

  3  information on recycling efforts undertaken within the

  4  boundaries of the municipality in order to determine whether

  5  the goal for municipal solid waste reduction is being

  6  achieved.

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

  8  its municipalities may jointly determine, through an

  9  interlocal agreement pursuant to s. 163.01 or by requesting

10  the passage of special legislation, which local governmental

11  agency shall administer a solid waste management or recycling

12  program.

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

14  municipalities within the county when recycling program

15  development begins and shall provide periodic written progress

16  reports to the municipalities concerning the preparation of

17  the recycling program.

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

19  the governing body of any county or municipality from

20  providing by ordinance or regulation for solid waste

21  management requirements which are stricter or more extensive

22  than those imposed by the state solid waste management program

23  and rules, regulations, and orders issued thereunder.

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

25  agency shall be construed to require any county or

26  municipality to participate in any regional solid waste

27  management or regional resource recovery program until the

28  governing body of such county or municipality has determined

29  that participation in such a program is economically feasible

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

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

                                  20

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

  2  regulate the disposal of solid waste within its boundaries or

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

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

  5  municipality is included within a solid waste management

  6  program created by interlocal agreement or special or local

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

  8  or management program or a solid waste management program in

  9  reliance on state law granting to a county the responsibility

10  for the resource recovery or management program or a solid

11  waste management program, nothing herein shall permit any

12  governmental agency to withdraw from said program if said

13  agency's participation is necessary for the financial

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

15  outstanding.

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

17  any state agency hereunder shall require any person to

18  subscribe to any private solid waste collection service.

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

20  municipalities are authorized, in addition to other powers

21  granted pursuant to this part:

22         (a)  To contract with persons to provide resource

23  recovery services or operate resource recovery facilities on

24  behalf of the county or municipality.

25         (b)  To indemnify persons providing resource recovery

26  services or operating resource recovery facilities for

27  liabilities or claims arising out of the provision or

28  operation of such services or facilities that are not the

29  result of the sole negligence of the persons providing such

30  services or operating such facilities.

31

                                  21

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

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

  3  or municipality to the extent necessary to carry out the

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

  5  the limitations prescribed in s. 768.28.

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

  7  organizations that are engaged in the collection of donated

  8  goods for charitable purposes and that have a recycling or

  9  reuse rate of 50 percent or better.

10         (18)  Each operator of a solid waste management

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

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

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

14  requirements of chapter 531 and any rules promulgated

15  thereunder.

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

17  Administrative Code, which was required to submit to the

18  department a local resource recovery and management program

19  shall revise its existing local resource recovery and

20  management program if necessary to meet the requirements of

21  this act.

22         (19)(20)  In the event the power to manage solid waste

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

24  special act or interlocal agreement, any duty or

25  responsibility or penalty imposed under this part on a county

26  or municipality shall apply to such special district or other

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

28  responsibility or imposition of such penalty.  To the same

29  extent, such special district or other entity shall be

30  eligible for grants or other benefits provided pursuant to

31  this part.

                                  22

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         (20)(21)  In addition to any other penalties provided

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

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

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

  5  department may notify the State Treasurer to withhold payment

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

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

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

  9  pledged to retire bonded indebtedness, unless the local

10  government demonstrates that good faith efforts to meet the

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

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

13  of a pollution control problem that spans jurisdictional

14  boundaries.

15         (21)(22)  Local governments are authorized to enact

16  ordinances that require and direct all residential properties

17  and industrial, commercial, and institutional establishments

18  as defined by the local government to establish programs for

19  the separation of recyclable materials designated by the local

20  government, which recyclable materials are specifically

21  intended for purposes of recycling and for which a market

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

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

24  any person from knowingly disposing of recyclable materials

25  designated by the local government and that ensure the

26  collection of recovered materials as necessary to protect

27  public health and safety.

28         (22)(23)  Nothing in this act shall limit the authority

29  of the state or any local government to regulate the

30  collection, transportation, processing, or handling of

31

                                  23

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  recovered materials or solid waste in order to protect the

  2  public health, safety, and welfare.

  3         Section 5.  Paragraph (c) of subsection (3) of section

  4  403.7061, Florida Statutes, is amended to read:

  5         403.7061  Requirements for review of new

  6  waste-to-energy facility capacity by the Department of

  7  Environmental Protection.--

  8         (3)  An applicant must provide reasonable assurance

  9  that the construction of a new waste-to-energy facility or the

10  expansion of an existing waste-to-energy facility will comply

11  with the following subsections:

12         (c)  The county in which the facility is located will

13  achieve the 30-percent waste reduction goal set forth in s.

14  403.706(4) by the time the facility begins operation. For the

15  purposes of this section, the provisions of s.

16  403.706(4)(c)(d) for counties with populations of 75,000 or

17  less do not apply.

18         Section 6.  Subsections (15) and (16) are added to

19  section 403.707, Florida Statutes, to read:

20         403.707  Permits.--

21         (15)  Construction and demolition debris must be

22  separated from the solid waste stream and segregated in

23  separate locations at a solid waste disposal facility or other

24  permitted site.

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

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

27  fuel source, shall be considered to be a solid waste disposal

28  facility.

29         Section 7.  Section 403.709, Florida Statutes, is

30  amended to read:

31         (Substantial rewording of section. See

                                  24

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

  2         403.709  Solid Waste Management Trust Fund; use of

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

  4  Trust Fund, to be administered by the department. From the

  5  annual revenues deposited in the trust fund, unless otherwise

  6  specified in the General Appropriations Act:

  7         (1)  Up to 40 percent shall be used for funding solid

  8  waste activities of the department and other state agencies,

  9  such as providing technical assistance to local governments

10  and the private sector, performing solid waste regulatory and

11  enforcement functions, preparing solid waste documents, and

12  implementing solid waste education programs.

13         (2)  Up to 4.5 percent shall be used for funding

14  research and training programs relating to solid waste

15  management through the Center for Solid and Hazardous Waste

16  Management and other organizations which can reasonably

17  demonstrate the capability to carry out such projects.

18         (3)  Up to 11 percent shall be used for funding to

19  supplement any other funds provided to the Department of

20  Agriculture and Consumer Services for mosquito control. This

21  distribution shall be annually transferred to the General

22  Inspection Trust Fund in the Department of Agriculture and

23  Consumer Services to be used for mosquito control, especially

24  control of West Nile Virus.

25         (4)  Up to 4.5 percent shall be used for funding to the

26  Department of Transportation for litter prevention and control

27  programs coordinated by Keep Florida Beautiful, Inc.

28         (5)  A minimum of 40 percent shall be used for funding

29  a competitive and innovative grant program pursuant to s.

30  403.7095 for activities relating to recycling and reducing the

31

                                  25

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  volume of municipal solid waste, including waste tires

  2  requiring final disposal.

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

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

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

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

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

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

  9  amount involved too small or the likelihood of recovery too

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

11  unwilling to comply with the rules adopted pursuant to this

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

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

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

15  and the environment.

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

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

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

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

20  owner whose property has such a lien imposed may release her

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

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

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

24  cost of bringing the tire site into compliance with department

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

26  of the property after the abatement action is complete,

27  whichever is less.

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

29  remedies available to the department.

30         Section 8.  Section 403.7095, Florida Statutes, is

31  amended to read:

                                  26

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         (Substantial rewording of section. See

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

  3         403.7095  Solid waste management grant program.--

  4         (1)  The department shall develop a competitive and

  5  innovative grant program for counties, municipalities, special

  6  districts, and nonprofit organizations that have legal

  7  responsibility for the provision of solid waste management

  8  services that:

  9         (a)  Demonstrate technologies or processes that are not

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

11  of an existing technology or process, or that overcome

12  obstacles to recycling and waste reduction in new or

13  innovative ways;

14         (b)  Demonstrate innovative processes to collect and

15  recycle or reduce materials targeted by the department and the

16  recycling industry; or

17         (c)  Demonstrate effective solutions to solving solid

18  waste problems resulting from waste tires, particularly in the

19  areas of enforcement and abatement of illegal tire dumping and

20  activities to promote market development of waste tire

21  products.

22

23  Because the Legislature recognizes that input from the

24  recycling industry is essential to the success of this grant

25  program, the department shall cooperate with private-sector

26  entities to develop a process and define specific criteria for

27  allowing their participation with grant recipients.

28         (2)  The department shall evaluate and prioritize the

29  annual grant proposals and present the annual prioritized list

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

31  as part of its annual budget request submitted pursuant to

                                  27

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  chapter 216, beginning with fiscal year 2003-2004. Potential

  2  grant recipients are encouraged to demonstrate local support

  3  for grant proposals by the commitment of cash or in-kind

  4  matching funds.

  5         (3)  The department shall develop a consolidated grant

  6  program for small counties having populations fewer than

  7  100,000, with grants to be distributed equally among eligible

  8  counties. Programs to be supported with the small-county

  9  consolidated grants include general solid waste management,

10  litter prevention and control, and recycling and education

11  programs.

12         (4)  The department shall develop a waste tire grant

13  program making grants available to all counties. The

14  department shall ensure that at least 25 percent of the

15  funding available for waste tire grants is distributed equally

16  to each county having a population fewer than 100,000.

17         (5)  From the funds made available pursuant to s.

18  403.709(5) for the grant program created by this section, the

19  following distributions shall be made:

20         (a)  Up to 15 percent for the program described in

21  subsection (1);

22         (b)  Up to 35 percent for the program described in

23  subsection (3); and

24         (c)  Up to 50 percent for the program described in

25  subsection (4).

26         (6)  The department may adopt rules necessary to

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

28  governing timeframes for submitting grant applications,

29  criteria for prioritizing, matching criteria, maximum grant

30  amounts, and allocation of appropriated funds based upon

31  project and applicant size.

                                  28

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         Section 9.  Subsections (1) and (4) of section 403.717,

  2  Florida Statutes, are amended to read:

  3         403.717  Waste tire and lead-acid battery

  4  requirements.--

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

  6  403.7185, and 403.719:

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

  8  Protection.

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

10  truck, trailer, semitrailer, truck tractor and semitrailer

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

12  to transport persons or property and propelled by power other

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

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

15  bicycles, mopeds, or farm tractors and trailers.

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

17  rubber covering encircling the wheel of a motor vehicle.

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

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

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

21  processed tires.

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

23  waste tires are collected from the public prior to being

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

25  kept on the site on any given day.

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

27  where equipment is used to recapture reusable byproducts from

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

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

30  tire processing equipment.

31

                                  29

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  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

                                  30

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  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 10.  Section 403.718, Florida Statutes, is

17  amended to read:

18         403.718  Waste tire fees.--

19         (1)  For the privilege of engaging in business, a fee

20  for each new motor vehicle tire sold at retail is imposed on

21  any person engaging in the business of making retail sales of

22  new motor vehicle tires within this state. The fee imposed

23  under this section shall be stated separately on the invoice

24  to the purchaser. Such fee shall be imposed at the rate of $1

25  for each new tire sold.  The fee imposed shall be paid to the

26  Department of Revenue on or before the 20th day of the month

27  following the month in which the sale occurs. For purposes of

28  this section, a motor vehicle tire sold at retail includes

29  such tires when sold as a component part of a motor vehicle.

30  The terms "sold at retail" and "retail sales" do not include

31  the sale of new motor vehicle tires to a person solely for the

                                  31

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  purpose of resale provided the subsequent retail sale in this

  2  state is subject to the fee.  This fee does not apply to

  3  recapped tires.  Such fee shall be subject to all applicable

  4  taxes imposed in chapter 212.

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

  6  to the Department of Revenue.  The payment shall be

  7  accompanied by such form as the Department of Revenue may

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

  9  administrative costs, shall be transferred by the Department

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

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

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

13  received by the department hereunder, including interest and

14  penalties on delinquent fees.  The amount deducted for the

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

16  total revenues collected hereunder and may include shall be

17  only those costs reasonably attributable to the fee.

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

19  collect, and enforce the fee authorized under this section

20  pursuant to the same procedures used in the administration,

21  collection, and enforcement of the general state sales tax

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

23  The provisions of this section regarding the authority to

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

25  interest and penalties on delinquent fees shall apply.  The

26  fee shall not be included in the computation of estimated

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

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

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

30  persons and incur other expenses for which funds are

31  appropriated by the Legislature.  The department is empowered

                                  32

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






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

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

  3  section. The department is authorized to establish audit

  4  procedures and to assess delinquent fees.

  5         Section 11.  Water Quality Improvement and Water

  6  Restoration Grant Program.--

  7         (1)  The Department of Environmental Protection shall

  8  develop and administer a competitive grant program to use

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

10  the Ecosystem Management and Restoration Trust Fund for water

11  quality improvement and water restoration project grants.

12  Eligible recipients of such grants include counties,

13  municipalities, water management districts, and special

14  districts that have legal responsibilities for water quality

15  improvement, water management, storm water management, sewer

16  system operations, and lake and river restoration projects.

17         (2)  The competitive grant program shall provide for

18  the evaluation of annual grant proposals.  The department

19  shall evaluate such proposals to determine if they:

20         (a)  Protect public health and the environment.

21         (b)  Implement plans developed pursuant to the Surface

22  Water Improvement and Management Act created in part IV of

23  chapter 373, Florida Statutes, other water restoration plans

24  required by law, management plans prepared pursuant to s.

25  403.067, Florida Statutes, or other plans adopted by local

26  government for water quality improvement and water

27  restoration.

28         (3)  The department shall evaluate the annual grant

29  proposals and present the annual list of projects recommended

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

31

                                  33

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1  its annual budget request submitted pursuant to chapter 216,

  2  Florida Statutes, beginning with fiscal year 2003-2004.

  3         (4)  Each fiscal year, at least 20 percent of the funds

  4  available pursuant to subsection (1) shall be used for

  5  projects to assist financially disadvantaged small local

  6  governments. For purposes of this section, the term

  7  "financially disadvantaged small local government" means a

  8  municipality having a population of 7,500 or less, a county

  9  having a population of 35,000 or less, according to the latest

10  decennial census and a per capita annual income less than the

11  state per capita annual income as determined by the United

12  States Department of Commerce, or a county in an area

13  designated by the Governor as a rural area of critical

14  economic concern pursuant to s. 288.0656, Florida Statutes.

15  Grants made to these eligible local governments shall not

16  require matching local funds.

17         (5)  No later than February 1 of each year, water

18  quality improvement projects and water restoration projects

19  submitted for funding through the legislative process shall be

20  submitted to the department by the appropriate fiscal

21  committees of the House of Representatives and the Senate.

22  The department shall review the projects for funding

23  eligibility and must, no later than March 1 of each year,

24  provide each fiscal committee with a list of projects that

25  meet the eligibility requirements under this grant program.

26         (6)  The department may adopt rules necessary to

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

28  governing timeframes for submitting grant applications,

29  evaluation criteria, forms, matching criteria, maximum grant

30  amounts, and allocation of appropriated funds based upon

31  project and applicant size.

                                  34

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






    Florida House of Representatives - 2002              CS/HB 851

    401-120-02






  1         Section 12.  Sections 403.7085, 403.7165, 403.7175, and

  2  403.719, Florida Statutes, are repealed.

  3         Section 13.  Except as otherwise provided herein, this

  4  act shall take effect July 1, 2002.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  35

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