Senate Bill sb2776

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    Florida Senate - 2004                                  SB 2776

    By Senator Lawson





    6-1325-04                                          See HB 1137

  1                      A bill to be entitled

  2         An act relating to waste management; creating

  3         s. 403.7047, F.S.; providing for regulation of

  4         recovered construction and demolition

  5         materials; providing for annual certification

  6         by the Department of Environmental Protection

  7         of an owner or operator of a materials recovery

  8         facility; providing criteria for certification;

  9         providing for rules; providing for fees;

10         prohibiting local governments from enacting

11         ordinances or entering into contracts that

12         prevent certain materials from being delivered

13         to a certified materials recovery facility;

14         providing an exception; authorizing local

15         governments to require source separation under

16         certain circumstances; authorizing local

17         governments to establish a registration and

18         reporting process relating to the handling of

19         construction and demolition materials;

20         providing conditions for franchise agreements

21         and fees; providing a definition; requiring

22         compliance with the provisions of s. 403.7047,

23         F.S., by a date certain; providing an effective

24         date.

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

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28         Section 1.  Section 403.7047, Florida Statutes, is

29  created to read:

30         403.7047  Regulation of recovered construction and

31  demolition materials.--

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






    Florida Senate - 2004                                  SB 2776
    6-1325-04                                          See HB 1137




 1         (1)  Any owner or operator of a materials recovery

 2  facility that accepts construction and demolition debris for

 3  processing may annually apply for certification with the

 4  department pursuant to this section. The department shall

 5  certify such a facility if the applicant demonstrates that the

 6  facility meets all applicable permitting requirements, that it

 7  weighs all incoming waste using scales that conform to the

 8  requirements of chapter 531 and any rules adopted under that

 9  chapter, and that at least an appropriate percentage of the

10  construction and demolition materials accepted at the facility

11  has been or will be sold, used, or reused within 1 year. The

12  department may adopt rules to implement this subsection, which

13  may include registration fees and reporting requirements

14  necessary to demonstrate compliance, but shall not delay

15  processing of applications for certification pending the

16  adoption of these rules. Until such rules are adopted,

17  "appropriate percentage" means 50 percent; however, the

18  department may by rule establish a different percentage or may

19  establish different percentages based upon the types of waste

20  accepted at a facility.

21         (2)  A local government may not enact any ordinance or

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

23  permit or a demolition permit from entering into a contract to

24  have construction and demolition debris collected,

25  transported, processed, or received if the materials are or

26  will be delivered to a materials recovery facility that is

27  certified under this section.

28         (3)  Except as may be authorized by subsection (6), a

29  local government may not enact any ordinance that prevents a

30  materials recovery facility that is certified under this

31  section from accepting construction and demolition debris from

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






    Florida Senate - 2004                                  SB 2776
    6-1325-04                                          See HB 1137




 1  the holder of a building permit or a demolition permit, or

 2  from a transporter collecting the material from the holder of

 3  a building permit or a demolition permit.

 4         (4)  A local government may require that various types

 5  of recovered construction and demolition materials be

 6  separated from each other at the permitted building or

 7  demolition site only after it has determined that source

 8  separation at the permitted building or demolition site is

 9  cost-effective when compared to other collection and recycling

10  methods.

11         (5)  A local government may establish a registration

12  process whereby persons handling construction and demolition

13  materials must register with the local government before

14  engaging in business within the jurisdiction of the local

15  government. The local government may establish a reporting

16  process consistent with that established by the department

17  pursuant to this section or s. 403.707. The local government

18  may charge a registration fee commensurate with and no greater

19  than the cost incurred by the local government in operating

20  its registration program. The local government may enter into

21  a nonexclusive franchise for the collection, transportation,

22  and processing of construction and demolition materials. A

23  local government may not require any person to enter into a

24  franchise agreement in order to purchase, collect, transport,

25  process, or receive construction and demolition materials if

26  such materials are or will be delivered to a materials

27  recovery facility certified under this section. The local

28  government may impose a franchise fee for the collection of

29  construction and demolition materials, provided that the fee

30  is expressed as a rate and provided that such rate is no

31  greater than that imposed by the local government on other

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






    Florida Senate - 2004                                  SB 2776
    6-1325-04                                          See HB 1137




 1  solid waste collected within the local government's

 2  jurisdiction. For the purpose of this section, "rate" means a

 3  percentage of revenue derived from the collection of such

 4  materials.

 5         (6)  Nothing in this section prohibits a local

 6  government from enacting ordinances designed to protect the

 7  public's general health, safety, and welfare.

 8         (7)  A local government may not adopt any ordinance

 9  relating to construction and demolition materials collection,

10  processing, or recovery that does not comply with this

11  section. Any ordinance in effect on the effective date of this

12  act which does not comply with this section must be amended to

13  comply with this section within 90 days after the effective

14  date of this act. Any contract in effect on the effective date

15  of this act which does not comply with this section must be

16  amended to comply with this section upon renewal.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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