HB 1031

A bill to be entitled
2An act relating to construction and demolition debris
3recycling; amending s. 403.703, F.S.; revising the
4definition of "recovered materials" to include wood and
5concrete; amending s. 403.7046, F.S.; providing for
6construction and demolition debris to be considered
7recovered material under certain circumstances; providing
8for certain persons to be considered certified recovered
9materials dealers; providing an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Subsection (7) of section 403.703, Florida
14Statutes, is amended to read:
15     403.703  Definitions.--As used in this act, unless the
16context clearly indicates otherwise, the term:
17     (7)  "Recovered materials" means metal, paper, glass,
18plastic, textile, wood, concrete, or rubber materials that have
19known recycling potential, can be feasibly recycled, and have
20been diverted and source separated or have been removed from the
21solid waste stream for sale, use, or reuse as raw materials,
22whether or not the materials require subsequent processing or
23separation from each other, but does not include materials
24destined for any use that constitutes disposal. Recovered
25materials as described above are not solid waste.
26     Section 2.  Subsection (3) of section 403.7046, Florida
27Statutes, is amended to read:
28     403.7046  Regulation of recovered materials.--
29     (3)  Except as otherwise provided in this section or
30pursuant to a special act in effect on or before January 1,
311993, a local government may not require a commercial
32establishment that generates source-separated recovered
33materials to sell or otherwise convey its recovered materials to
34the local government or to a facility designated by the local
35government, nor may the local government restrict such a
36generator's right to sell or otherwise convey such recovered
37materials to any properly certified recovered materials dealer
38who has satisfied the requirements of this section. A local
39government may not enact any ordinance that prevents such a
40dealer from entering into a contract with a commercial
41establishment to purchase, collect, transport, process, or
42receive source-separated recovered materials.
43     (a)  The local government may require that the recovered
44materials generated at the commercial establishment be source
45separated at the premises of the commercial establishment.
46     (b)  Prior to engaging in business within the jurisdiction
47of the local government, a recovered materials dealer must
48provide the local government with a copy of the certification
49provided for in this section. In addition, the local government
50may establish a registration process whereby a recovered
51materials dealer must register with the local government prior
52to engaging in business within the jurisdiction of the local
53government. Such registration process is limited to requiring
54the dealer to register its name, including the owner or operator
55of the dealer, and, if the dealer is a business entity, its
56general or limited partners, its corporate officers and
57directors, its permanent place of business, evidence of its
58certification under this section, and a certification that the
59recovered materials will be processed at a recovered materials
60processing facility satisfying the requirements of this section.
61All counties, and municipalities whose population exceeds 35,000
62according to the population estimates determined pursuant to s.
63186.901, may establish a reporting process which shall be
64limited to the regulations, reporting format, and reporting
65frequency established by the department pursuant to this
66section, which shall, at a minimum, include requiring the dealer
67to identify the types and approximate amount of recovered
68materials collected, recycled, or reused during the reporting
69period; the approximate percentage of recovered materials
70reused, stored, or delivered to a recovered materials processing
71facility or disposed of in a solid waste disposal facility; and
72the locations where any recovered materials were disposed of as
73solid waste. Information reported under this subsection which,
74if disclosed, would reveal a trade secret, as defined in s.
75812.081(1)(c), is confidential and exempt from the provisions of
76s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
77local government may charge the dealer a registration fee
78commensurate with and no greater than the cost incurred by the
79local government in operating its registration program.
80Registration program costs are limited to those costs associated
81with the activities described in this paragraph. Any reporting
82or registration process established by a local government with
83regard to recovered materials shall be governed by the
84provisions of this section and department rules promulgated
85pursuant thereto.
86     (c)  A local government may establish a process in which
87the local government may temporarily or permanently revoke the
88authority of a recovered materials dealer to do business within
89the local government if the local government finds the recovered
90materials dealer, after reasonable notice of the charges and an
91opportunity to be heard by an impartial party, has consistently
92and repeatedly violated state or local laws, ordinances, rules,
93and regulations.
94     (d)  In addition to any other authority provided by law, a
95local government is hereby expressly authorized to prohibit a
96person or entity not certified under this section from doing
97business within the jurisdiction of the local government; to
98enter into a nonexclusive franchise or to otherwise provide for
99the collection, transportation, and processing of recovered
100materials at commercial establishments, provided that a local
101government may not require a certified recovered materials
102dealer to enter into such franchise agreement in order to enter
103into a contract with any commercial establishment located within
104the local government's jurisdiction to purchase, collect,
105transport, process, or receive source-separated recovered
106materials; and to enter into an exclusive franchise or to
107otherwise provide for the exclusive collection, transportation,
108and processing of recovered materials at single-family or
109multifamily residential properties.
110     (e)  Nothing in this section shall prohibit a local
111government from enacting ordinances designed to protect the
112public's general health, safety, and welfare.
113     (f)  As used in this section:
114     1.  "Commercial establishment" means a property or
115properties zoned or used for commercial or industrial uses, or
116used by an entity exempt from taxation under s. 501(c)(3) of the
117Internal Revenue Code, and excludes property or properties zoned
118or used for single-family residential or multifamily residential
120     2.  "Local government" means a county or municipality.
121     3.  "Certified recovered materials dealer" means a dealer
122certified under this section.
123     (g)  Solely for the purpose of subsection (3), except for
124the provisions of paragraphs (b) and (c), construction and
125demolition debris that is collected and transported directly to
126a permitted waste processing facility for the purpose of
127recycling is considered to be recovered material, and any person
128or entity handling such material in accordance with a department
129permit or other authorization shall be considered certified.
130     Section 3.  This act shall take effect July 1, 2005.

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