Senate Bill sb1906

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    Florida Senate - 2005                                  SB 1906

    By Senator Dockery





    15-979A-05

  1                      A bill to be entitled

  2         An act relating to resource recovery and

  3         management; amending s. 403.703, F.S.; adding

  4         the terms "wood" and "concrete" to the list of

  5         materials included in the definition of the

  6         term "recoverable materials"; amending s.

  7         403.7046, F.S.; providing that construction and

  8         demolition debris brought to specified waste

  9         processing facilities is also considered

10         recovered material; providing that people

11         handling such material in accordance with a

12         Department of Environmental Protection permit

13         or other authorization will be considered

14         certified; providing an effective date.

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

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18         Section 1.  Subsection (7) of section 403.703, Florida

19  Statutes, is amended to read:

20         403.703  Definitions.--As used in this act, unless the

21  context clearly indicates otherwise, the term:

22         (7)  "Recovered materials" means metal, paper, glass,

23  plastic, textile, wood, concrete, or rubber materials that

24  have known recycling potential, can be feasibly recycled, and

25  have been diverted and source separated or have been removed

26  from the solid waste stream for sale, use, or reuse as raw

27  materials, whether or not the materials require subsequent

28  processing or separation from each other, but does not include

29  materials destined for any use that constitutes disposal.

30  Recovered materials as described above are not solid waste.

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    Florida Senate - 2005                                  SB 1906
    15-979A-05




 1         Section 2.  Paragraph (g) is added to subsection (3) of

 2  section 403.7046, Florida Statutes, to read:

 3         403.7046  Regulation of recovered materials.--

 4         (3)  Except as otherwise provided in this section or

 5  pursuant to a special act in effect on or before January 1,

 6  1993, a local government may not require a commercial

 7  establishment that generates source-separated recovered

 8  materials to sell or otherwise convey its recovered materials

 9  to the local government or to a facility designated by the

10  local government, nor may the local government restrict such a

11  generator's right to sell or otherwise convey such recovered

12  materials to any properly certified recovered materials dealer

13  who has satisfied the requirements of this section.  A local

14  government may not enact any ordinance that prevents such a

15  dealer from entering into a contract with a commercial

16  establishment to purchase, collect, transport, process, or

17  receive source-separated recovered materials.

18         (g)  Solely for the purposes of paragraph (3), except

19  for the provisions of subparagraph (b) and (c), construction

20  and demolition debris that is collected and taken directly to

21  a permitted waste-processing facility for the purpose of

22  recycling is considered to be recovered material. Any person

23  handling such material in accordance with a department permit

24  or other authorization shall be considered to be certified.

25         Section 3.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                  SB 1906
    15-979A-05




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 2                          SENATE SUMMARY

 3    Provides that the terms "wood" and "concrete" are
      included in the definition of "recovered materials."
 4    Provides that construction and demolition debris also
      constitute recovered materials in certain situations.
 5    Provides that, at certain times, people handling such
      material in accordance with a permit or other
 6    authorization will be considered to be certified.

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