Amendment
Bill No. CS/HB 301
Amendment No. 565305
CHAMBER ACTION
Senate House
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1Representative Mayfield offered the following:
2
3     Amendment (with title amendment)
4     Between lines 12 and 13, insert:
5     Section 1.  Section 403.7031, Florida Statutes, is amended
6to read:
7     403.7031  Limitations on definitions adopted by local
8ordinance.--A county or a municipality may shall not adopt by
9ordinance or use in practice any definition that is inconsistent
10with the definitions in s. 403.703.
11     Section 2.  Section 403.7032, Florida Statutes, is created
12to read
13     403.7032  Recycling.--
14     (1)  The Legislature finds that the failure or inability to
15economically recover material and energy resources from solid
16waste results in the unnecessary waste and depletion of the
17state's natural resources. As Florida continues to grow, so will
18the potential amount of discarded material that must be treated
19and disposed of, necessitating the improvement of solid waste
20collection and disposal. Therefore, the maximum recycling and
21reuse of such resources are considered high priority goals of
22this state.
23     (2)  By the year 2020, the long-term goal for the recycling
24efforts of state and local governmental entities, private
25companies and organizations, and the general public is to reduce
26the amount of recyclable solid waste disposed of in waste
27management facilities, landfills, or incineration facilities by
28a statewide average of at least 75 percent.
29     (3)  The Department of Environmental Preservation shall
30develop a comprehensive recycling program that is designed to
31achieve the percentage stated in subsection (2) and submit the
32program to the President of the Senate and the Speaker of the
33House of Representatives by January 1, 2010. The program may not
34be implemented until approved by the Legislature. The program
35must be developed in coordination with input from state and
36local entities, private businesses, and the public. Under the
37program, recyclable materials shall include, but are not limited
38to, metals, paper, glass, plastic, textile, rubber materials,
39and mulch. Components of the program shall include, but are not
40limited to:
41     (a)  Programs to identify environmentally preferable
42purchasing practices to encourage the purchase of recycled,
43durable, and less toxic goods.
44     (b)  Programs to educate students in grades K-12 in the
45benefits of, and proper techniques for, recycling.
46     (c)  Programs for statewide recognition of successful
47recycling efforts by schools, businesses, public groups, and
48private citizens.
49     (d)  Programs for municipalities and counties to develop
50and implement efficient recycling efforts to return valuable
51materials to productive use, conserve energy, and protect
52natural resources.
53     (e)  Programs through which the department can provide
54technical assistance to municipalities and counties in support
55of their recycling efforts.
56     (f)  Programs to educate and train the public in proper
57recycling efforts.
58     (g)  Evaluation of how financial assistance can best be
59provided to municipalities and counties in support of their
60recycling efforts.
61     (h)  Evaluation of why existing waste management and
62recycling programs in the state have not been better used.
63     Section 3.  Section 403.7033, Florida Statutes, is created
64to read:
65     403.7033  Departmental analysis of particular recyclable
66materials.--The Legislature finds that prudent regulation of
67recyclable materials is crucial to the ongoing welfare of the
68state's ecology and economy.  As such, the department shall
69undertake an analysis of the need for new or different
70regulation of auxiliary containers, wrappings, or disposable
71plastic bags used by consumers to carry products from retail
72establishments. The analysis shall include input from state and
73local government agencies, stakeholders, private businesses, and
74citizens, and shall evaluate the efficacy and necessity of both
75statewide and local regulation of these materials.  To ensure
76consistent and effective implementation, the department shall
77submit a report with conclusions and recommendations to the
78Legislature no later than February 1, 2010. Until such time that
79the Legislature adopts the recommendations of the department, no
80local government, local governmental agency, or state government
81agency may enact any rule, regulation, or ordinance regarding
82use, disposition, sale, prohibition, restriction, or tax of such
83auxiliary containers, wrappings, or disposable plastic bags.
84     Section 4.  Subsection (2) of section 403.706, Florida
85Statutes, is amended to read:
86     403.706  Local government solid waste responsibilities.--
87     (2)(a)  Each county shall implement a recyclable materials
88recycling program. Counties and municipalities are encouraged to
89form cooperative arrangements for implementing recycling
90programs.
91     (b)  Such programs shall be designed to recover a
92significant portion of at least four of the following materials
93from the solid waste stream prior to final disposal at a solid
94waste disposal facility and to offer these materials for
95recycling: newspaper, aluminum cans, steel cans, glass, plastic
96bottles, cardboard, office paper, and yard trash. Local
97governments which operate permitted waste-to-energy facilities
98may retrieve ferrous and nonferrous metal as a byproduct of
99combustion.
100     (c)  Local governments are encouraged to separate all
101plastics, metal, and all grades of paper for recycling prior to
102final disposal and are further encouraged to recycle yard trash
103and other mechanically treated solid waste into compost
104available for agricultural and other acceptable uses.
105     (d)  By July 1, 2010, each county shall develop and
106implement a plan to achieve a goal to compost is encouraged to
107consider plans for composting or mulching of organic materials
108that would otherwise be disposed of in a landfill. The goal
109shall provide that up to 10 percent and no less than 5 percent
110of organic material would be composted within the county and the
111municipalities within its boundaries. The department may reduce
112or modify the compost goal if the county demonstrates to the
113department that achievement of the goal would be impractical
114given the county's unique demographic, urban density, or
115inability to separate normally compostable material from the
116solid waste stream. The composting plan is or mulching plans are
117encouraged to address partnership with the private sector.
118     (e)  Each county is encouraged to consider plans for
119mulching organic materials that would otherwise be disposed of
120in a landfill. The mulching plans are encouraged to address
121partnership with the private sector.
122
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T I T L E  A M E N D M E N T
125     Remove line 2 and insert:
126An act relating to recycling; amending s. 403.7031, F.S.;
127prohibiting a county or municipality from using in practice any
128definition inconsistent with a specified statute; creating s.
129403.7032, F.S.; providing legislative findings; providing for a
130long-term goal of reducing the amount of solid waste disposed of
131in the state by a certain percentage; requiring the Department
132of Environmental Protection to develop a comprehensive recycling
133program and submit such program to the Legislature by a
134specified date; requiring legislative approval before
135implementing such program; requiring that such program be
136developed in coordination with other state and local entities,
137private businesses, and the public; requiring that the program
138contain certain components; creating s. 403.7033, F.S.;
139requiring a departmental analysis of particular recyclable
140materials; requiring a report; amending s. 403.706, F.S.;
141requiring each county to implement a composting plan to attain
142certain goals by a date certain; providing for goal
143modifications upon demonstrated need to the department; amending
144s. 403.7145, F.S.;


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