HB 0589

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


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