HB 1031

CS

CHAMBER ACTION

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