Senate Bill sb1906c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1906
By the Committee on Environmental Preservation; and Senators
Dockery and Villalobos
592-1996-05
1 A bill to be entitled
2 An act relating to reuse and recycling;
3 creating s. 403.7047, F.S.; prohibiting
4 franchises or contracts for exclusive
5 collections of construction and demolition
6 debris under certain circumstances; creating s.
7 403.71853, F.S.; authorizing the Department of
8 Environmental Protection to implement a pilot
9 project to encourage the reuse or recycling of
10 campaign signs; authorizing the use of funds
11 from the Solid Waste Management Trust Fund;
12 authorizing grants to large and small counties;
13 providing for the purpose of the grants;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 403.7047, Florida Statutes, is
19 created to read:
20 403.7047 Collection and recycling of construction and
21 demolition debris.--
22 (1) It is the intent of this section to increase the
23 recycling potential of construction and demolition debris.
24 (2) A local government may not enter into a franchise
25 agreement or contract granting exclusive collections for
26 construction and demolition debris, either separately from or
27 as part of the solid waste stream, if such debris is primarily
28 destined for disposal and a qualified materials recovery
29 facility is available to the local government as a feasible
30 alternative to disposal of the construction and demolition
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1906
592-1996-05
1 debris. A qualified material recovery facility is a facility
2 that:
3 (a) Is located within the county and within a
4 reasonable distance of the center of the local government;
5 (b) Is properly permitted by the department to accept
6 construction and demolition debris;
7 (c) Operates in compliance with applicable local
8 ordinances, including those which regulate the disposal of
9 residual waste from the materials recovery facility;
10 (d) Uses scales to weigh the materials received by and
11 transported from the facility;
12 (e) Agrees to provide documentation to the local
13 government upon request specifying the amount and type of
14 materials handled at the facility, the amount of materials
15 being disposed of, the disposal site location, and the name of
16 the person with whom such disposal was arranged; and
17 (f) Recovers, on an annual average, at least 50
18 percent of the construction and demolition debris received at
19 the facility.
20 (3) Nothing in this section shall be construed to
21 limit a local government's authority to enter into a franchise
22 agreement or contract for the collection of construction and
23 demolition debris that is taken to a qualified materials
24 recovery facility.
25 (4) Nothing in this section shall be construed to
26 limit a local government's authority or obligation to honor
27 any existing franchise agreement or contract for solid waste
28 management through its current expiration date.
29 (5) Nothing in this section shall prohibit a local
30 government from enacting ordinances designed to protect the
31 public's general health, safety, and welfare.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 1906
592-1996-05
1 Section 2. Section 403.71853, Florida Statutes, is
2 created to read:
3 403.71853 Campaign sign reuse and recycling.--The
4 department may implement a pilot project to encourage the
5 reuse or recycling of campaign signs. The department may use
6 funds from the Solid Waste Management Trust Fund to provide a
7 grant to at least two large counties and at least two small
8 counties to establish a central depository for used campaign
9 signs and to make such signs available, at no cost to the
10 receiving entity, to schools and other entities that may have
11 a use for them and to companies that can recycle the materials
12 from which the signs are made into new materials or products.
13 Section 3. This act shall take effect July 1, 2005.
14
15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 Senate Bill 1906
17
18 The committee substitute provides that a local government may
not enter into a franchise agreement or contract granting
19 exclusive collections for construction and demolition (C&D)
debris if such debris is primarily destined for disposal and a
20 qualified materials recovery facility is available to the
local government as a feasible alternative to disposal of the
21 C&D debris.
22 Provides that nothing in this committee substitute limits the
local government's authority to enter into a franchise
23 agreement or contract for the collection of C&D debris that is
taken to a qualified materials recovery facility.
24
The committee subsitute does not limit the local government's
25 authority or obligation to honor any existing franchise
agreement or contract for solid waste management through its
26 current expriation date. Further, a local government is not
prohibited from enacting ordinances designed to protect the
27 public's general health, safety, and welfare.
28 The Department of Environmental Protection is authorized to
implement a pilot project to encourage the reuse or recycling
29 of campaign signs.
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CODING: Words stricken are deletions; words underlined are additions.