HB 1031

1	A bill to be entitled
2	An act relating to construction and demolition debris
3	recycling; amending s. 403.703, F.S.; revising the
4	definition of "recovered materials" to include wood and
5	concrete; amending s. 403.7046, F.S.; providing for
6	construction and demolition debris to be considered
7	recovered material under certain circumstances; providing
8	for certain persons to be considered certified recovered
9	materials dealers; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (7) of section 403.703, Florida
14	Statutes, is amended to read:
15	403.703  Definitions.--As used in this act, unless the
16	context clearly indicates otherwise, the term:
17	(7)  "Recovered materials" means metal, paper, glass,
18	plastic, textile, wood, concrete, or rubber materials that have
19	known recycling potential, can be feasibly recycled, and have
20	been diverted and source separated or have been removed from the
21	solid waste stream for sale, use, or reuse as raw materials,
22	whether or not the materials require subsequent processing or
23	separation from each other, but does not include materials
24	destined for any use that constitutes disposal. Recovered
25	materials as described above are not solid waste.
26	Section 2.  Subsection (3) of section 403.7046, Florida
27	Statutes, is amended to read:
28	403.7046  Regulation of recovered materials.--
29	(3)  Except as otherwise provided in this section or
30	pursuant to a special act in effect on or before January 1,
31	1993, a local government may not require a commercial
32	establishment that generates source-separated recovered
33	materials to sell or otherwise convey its recovered materials to
34	the local government or to a facility designated by the local
35	government, nor may the local government restrict such a
36	generator's right to sell or otherwise convey such recovered
37	materials to any properly certified recovered materials dealer
38	who has satisfied the requirements of this section. A local
39	government may not enact any ordinance that prevents such a
40	dealer from entering into a contract with a commercial
41	establishment to purchase, collect, transport, process, or
42	receive source-separated recovered materials.
43	(a)  The local government may require that the recovered
44	materials generated at the commercial establishment be source
45	separated at the premises of the commercial establishment.
46	(b)  Prior to engaging in business within the jurisdiction
47	of the local government, a recovered materials dealer must
48	provide the local government with a copy of the certification
49	provided for in this section. In addition, the local government
50	may establish a registration process whereby a recovered
51	materials dealer must register with the local government prior
52	to engaging in business within the jurisdiction of the local
53	government. Such registration process is limited to requiring
54	the dealer to register its name, including the owner or operator
55	of the dealer, and, if the dealer is a business entity, its
56	general or limited partners, its corporate officers and
57	directors, its permanent place of business, evidence of its
58	certification under this section, and a certification that the
59	recovered materials will be processed at a recovered materials
60	processing facility satisfying the requirements of this section.
61	All counties, and municipalities whose population exceeds 35,000
62	according to the population estimates determined pursuant to s.
63	186.901, may establish a reporting process which shall be
64	limited to the regulations, reporting format, and reporting
65	frequency established by the department pursuant to this
66	section, which shall, at a minimum, include requiring the dealer
67	to identify the types and approximate amount of recovered
68	materials collected, recycled, or reused during the reporting
69	period; the approximate percentage of recovered materials
70	reused, stored, or delivered to a recovered materials processing
71	facility or disposed of in a solid waste disposal facility; and
72	the locations where any recovered materials were disposed of as
73	solid waste. Information reported under this subsection which,
74	if disclosed, would reveal a trade secret, as defined in s.
75	812.081(1)(c), is confidential and exempt from the provisions of
76	s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
77	local government may charge the dealer a registration fee
78	commensurate with and no greater than the cost incurred by the
79	local government in operating its registration program.
80	Registration program costs are limited to those costs associated
81	with the activities described in this paragraph. Any reporting
82	or registration process established by a local government with
83	regard to recovered materials shall be governed by the
84	provisions of this section and department rules promulgated
85	pursuant thereto.
86	(c)  A local government may establish a process in which
87	the local government may temporarily or permanently revoke the
88	authority of a recovered materials dealer to do business within
89	the local government if the local government finds the recovered
90	materials dealer, after reasonable notice of the charges and an
91	opportunity to be heard by an impartial party, has consistently
92	and repeatedly violated state or local laws, ordinances, rules,
93	and regulations.
94	(d)  In addition to any other authority provided by law, a
95	local government is hereby expressly authorized to prohibit a
96	person or entity not certified under this section from doing
97	business within the jurisdiction of the local government; to
98	enter into a nonexclusive franchise or to otherwise provide for
99	the collection, transportation, and processing of recovered
100	materials at commercial establishments, provided that a local
101	government may not require a certified recovered materials
102	dealer to enter into such franchise agreement in order to enter
103	into a contract with any commercial establishment located within
104	the local government's jurisdiction to purchase, collect,
105	transport, process, or receive source-separated recovered
106	materials; and to enter into an exclusive franchise or to
107	otherwise provide for the exclusive collection, transportation,
108	and processing of recovered materials at single-family or
109	multifamily residential properties.
110	(e)  Nothing in this section shall prohibit a local
111	government from enacting ordinances designed to protect the
112	public's general health, safety, and welfare.
113	(f)  As used in this section:
114	1.  "Commercial establishment" means a property or
115	properties zoned or used for commercial or industrial uses, or
116	used by an entity exempt from taxation under s. 501(c)(3) of the
117	Internal Revenue Code, and excludes property or properties zoned
118	or used for single-family residential or multifamily residential
119	uses.
120	2.  "Local government" means a county or municipality.
121	3.  "Certified recovered materials dealer" means a dealer
122	certified under this section.
123	(g)  Solely for the purpose of subsection (3), except for
124	the provisions of paragraphs (b) and (c), construction and
125	demolition debris that is collected and transported directly to
126	a permitted waste processing facility for the purpose of
127	recycling is considered to be recovered material, and any person
128	or entity handling such material in accordance with a department
129	permit 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.