HB 1031CS


1The Transportation Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to construction and demolition debris
7recycling; amending s. 403.703, F.S.; revising the
8definition of "recovered materials" to include wood and
9concrete; amending s. 403.7046, F.S.; providing for
10construction and demolition debris to be considered
11recovered material under certain circumstances; providing
12for certain persons to be considered certified recovered
13materials dealers; requiring construction and demolition
14materials to be weighed prior to unloading, processing,
15and transporting; requiring owners and operators of
16materials recovery facilities to provide certain
17documentation for any solid waste generated or transported
18from the facilities; providing applicability to certain
19existing franchise agreements and contracts; providing an
20effective date.
22Be It Enacted by the Legislature of the State of Florida:
24     Section 1.  Subsection (7) of section 403.703, Florida
25Statutes, is amended to read:
26     403.703  Definitions.--As used in this act, unless the
27context clearly indicates otherwise, the term:
28     (7)  "Recovered materials" means metal, paper, glass,
29plastic, textile, wood, concrete, or rubber materials that have
30known recycling potential, can be feasibly recycled, and have
31been diverted and source separated or have been removed from the
32solid waste stream for sale, use, or reuse as raw materials,
33whether or not the materials require subsequent processing or
34separation from each other, but does not include materials
35destined for any use that constitutes disposal. Recovered
36materials as described above are not solid waste.
37     Section 2.  Subsection (3) of section 403.7046, Florida
38Statutes, is amended, and subsection (4) is added to said
39section, to read:
40     403.7046  Regulation of recovered materials.--
41     (3)  Except as otherwise provided in this section or
42pursuant to a special act in effect on or before January 1,
431993, a local government may not require a commercial
44establishment that generates source-separated recovered
45materials to sell or otherwise convey its recovered materials to
46the local government or to a facility designated by the local
47government, nor may the local government restrict such a
48generator's right to sell or otherwise convey such recovered
49materials to any properly certified recovered materials dealer
50who has satisfied the requirements of this section. A local
51government may not enact any ordinance that prevents such a
52dealer from entering into a contract with a commercial
53establishment to purchase, collect, transport, process, or
54receive source-separated recovered materials.
55     (a)  The local government may require that the recovered
56materials generated at the commercial establishment be source
57separated at the premises of the commercial establishment.
58     (b)  Prior to engaging in business within the jurisdiction
59of the local government, a recovered materials dealer must
60provide the local government with a copy of the certification
61provided for in this section. In addition, the local government
62may establish a registration process whereby a recovered
63materials dealer must register with the local government prior
64to engaging in business within the jurisdiction of the local
65government. Such registration process is limited to requiring
66the dealer to register its name, including the owner or operator
67of the dealer, and, if the dealer is a business entity, its
68general or limited partners, its corporate officers and
69directors, its permanent place of business, evidence of its
70certification under this section, and a certification that the
71recovered materials will be processed at a recovered materials
72processing facility satisfying the requirements of this section.
73All counties, and municipalities whose population exceeds 35,000
74according to the population estimates determined pursuant to s.
75186.901, may establish a reporting process which shall be
76limited to the regulations, reporting format, and reporting
77frequency established by the department pursuant to this
78section, which shall, at a minimum, include requiring the dealer
79to identify the types and approximate amount of recovered
80materials collected, recycled, or reused during the reporting
81period; the approximate percentage of recovered materials
82reused, stored, or delivered to a recovered materials processing
83facility or disposed of in a solid waste disposal facility; and
84the locations where any recovered materials were disposed of as
85solid waste. Information reported under this subsection which,
86if disclosed, would reveal a trade secret, as defined in s.
87812.081(1)(c), is confidential and exempt from the provisions of
88s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
89local government may charge the dealer a registration fee
90commensurate with and no greater than the cost incurred by the
91local government in operating its registration program.
92Registration program costs are limited to those costs associated
93with the activities described in this paragraph. Any reporting
94or registration process established by a local government with
95regard to recovered materials shall be governed by the
96provisions of this section and department rules promulgated
97pursuant thereto.
98     (c)  A local government may establish a process in which
99the local government may temporarily or permanently revoke the
100authority of a recovered materials dealer to do business within
101the local government if the local government finds the recovered
102materials dealer, after reasonable notice of the charges and an
103opportunity to be heard by an impartial party, has consistently
104and repeatedly violated state or local laws, ordinances, rules,
105and regulations.
106     (d)  In addition to any other authority provided by law, a
107local government is hereby expressly authorized to prohibit a
108person or entity not certified under this section from doing
109business within the jurisdiction of the local government; to
110enter into a nonexclusive franchise or to otherwise provide for
111the collection, transportation, and processing of recovered
112materials at commercial establishments, provided that a local
113government may not require a certified recovered materials
114dealer to enter into such franchise agreement in order to enter
115into a contract with any commercial establishment located within
116the local government's jurisdiction to purchase, collect,
117transport, process, or receive source-separated recovered
118materials; and to enter into an exclusive franchise or to
119otherwise provide for the exclusive collection, transportation,
120and processing of recovered materials at single-family or
121multifamily residential properties.
122     (e)  Nothing in this section shall prohibit a local
123government from enacting ordinances designed to protect the
124public's general health, safety, and welfare.
125     (f)  As used in this section:
126     1.  "Commercial establishment" means a property or
127properties zoned or used for commercial or industrial uses, or
128used by an entity exempt from taxation under s. 501(c)(3) of the
129Internal Revenue Code, and excludes property or properties zoned
130or used for single-family residential or multifamily residential
132     2.  "Local government" means a county or municipality.
133     3.  "Certified recovered materials dealer" means a dealer
134certified under this section.
135     (g)  Solely for the purpose of this subsection, except for
136the provisions of paragraphs (b) and (c), construction and
137demolition debris that is collected and transported directly to
138a materials recovery facility as defined in s. 403.703(40) for
139the purpose of recycling is considered to be recovered material,
140and any person or entity handling such material in accordance
141with a department permit or other authorization shall be
142considered certified.
143     (h)  For the purposes of this subsection, construction and
144demolition materials shall be weighed at the materials recovery
145facility prior to any unloading or processing. Any materials
146that are transported from such materials recovery facility must
147be weighed prior to transport. The owner or operator of a
148materials recovery facility that accepts or processes
149construction and demolition materials shall, upon the request of
150a local government, provide the following documentation for any
151solid waste generated or transported from the facility:
152     1.  The amount and type of construction and demolition
153materials handled at the facility;
154     2.  The amount of materials being disposed of and the
155disposal site location; or
156     3.  The name of the person with whom such disposal was
158     (4)  Notwithstanding any provision of this section to the
159contrary, any franchise agreement or contract granting exclusive
160collections for construction and demolition debris or recovered
161construction and demolition materials that is in existence may
162remain in effect until its expiration date.
163     Section 3.  This act shall take effect July 1, 2005.

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