1 | A bill to be entitled |
2 | An act relating to recycling of recovered construction and |
3 | demolition materials; creating s. 403.7047, F.S.; |
4 | providing purpose; providing a definition; requiring local |
5 | governments to create, if feasible, separate franchises |
6 | for the collection, transportation, and recycling of |
7 | recovered construction and demolition materials; providing |
8 | for determination of feasibility; providing sanctions; |
9 | providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 403.7047, Florida Statutes, is created |
14 | to read: |
15 | 403.7047 Recycling of recovered construction and |
16 | demolition materials.-- |
17 | (1) Pursuant to the intent expressed in s. 403.707(12), |
18 | the purpose of this section is to promote the recycling of |
19 | recovered construction and demolition materials. |
20 | (2)(a) As used in this section, the term "recovered |
21 | construction and demolition material" means any recyclable |
22 | material from construction and demolition debris that has been |
23 | separated at the permitted construction or demolition site and |
24 | placed into a separate container for purposes of being recycled. |
25 | Recovered construction and demolition materials include brick; |
26 | concrete; unpainted, nontreated wood; metal; glass; cardboard; |
27 | paper; and plastic. |
28 | (b)1. The mixing of recovered construction and demolition |
29 | materials with each other will cause the mixed material to be |
30 | classified as construction and demolition debris. |
31 | 2. The mixing of construction and demolition debris or |
32 | recovered construction and demolition materials with other types |
33 | of solid waste will cause the mixture to be classified as other |
34 | than construction and demolition debris or recovered |
35 | construction and demolition materials. |
36 | (3)(a) Prior to the renewal of a solid waste management |
37 | franchise agreement, a local government should consider the |
38 | feasibility of creating a separate franchise for the collection, |
39 | transportation, and recycling of recovered construction and |
40 | demolition materials and, if feasible, should create such a |
41 | separate franchise. A determination of feasibility shall be |
42 | based upon currently available funding or funding sources that |
43 | could reasonably be expected to become available for such |
44 | purpose. |
45 | (b) In addition to any other penalties provided by law, a |
46 | local government that does not comply with the requirements of |
47 | paragraph (a) shall not be eligible for grants from the Solid |
48 | Waste Management Trust Fund, and the department may notify the |
49 | Chief Financial Officer to withhold payment of all or a portion |
50 | of funds payable to the local government by the department from |
51 | the General Revenue Fund or by the department from any other |
52 | state fund, to the extent not pledged to retire bonded |
53 | indebtedness, unless the local government demonstrates that good |
54 | faith efforts to meet the requirements of paragraph (a) have |
55 | been made or that the funds are being or will be used to finance |
56 | the recycling of recovered construction and demolition |
57 | materials. |
58 | (4) Nothing in this section shall limit the authority of |
59 | the state or any local government to regulate the collection, |
60 | transportation, processing, or handling of construction and |
61 | demolition debris in order to protect the public health, safety, |
62 | and welfare. |
63 | Section 2. This act shall take effect January 1, 2006. |