Amendment
Bill No. HB 7135

Amendment No. 841943

CHAMBER ACTION
Senate		House
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1	Representative Mayfield offered the following:
2
3	Amendment (with title amendment)
4	Between lines 4969 and 4970, insert:
5	Section 89. Section 403.7031, Florida Statutes, is amended
6	to read:
7	403.7031  Limitations on definitions adopted by local
8	ordinance.--A county or a municipality may shall not adopt by
9	ordinance, or use in practice, any definition that is
10	inconsistent with the definitions in s. 403.703.
11	Section 90. Section 403.7032, Florida Statutes, is created
12	to read
13	403.7032  Recycling.--
14	(1)  The Legislature finds that the failure or inability to
15	economically recover material and energy resources from solid
16	waste results in the unnecessary waste and depletion of our
17	natural resources. As the state continues to grow, so will the
18	potential amount of discarded material that must be treated and
19	disposed of, necessitating the improvement of solid waste
20	collection and disposal. Therefore, the maximum recycling and
21	reuse of such resources are considered high-priority goals of
22	the state.
23	(2)  By the year 2020, the long-term goal for the recycling
24	efforts of state and local governmental entities, private
25	companies and organizations, and the general public is to reduce
26	the amount of recyclable solid waste disposed of in waste
27	management facilities, landfills, or incineration facilities by
28	a statewide average of at least 75 percent.
29	(3)  The Department of Environmental Protection shall
30	develop a comprehensive recycling program that is designed to
31	achieve the percentage under subsection (2) and submit the
32	program to the President of the Senate and the Speaker of the
33	House of Representatives by January 1, 2010. The program may not
34	be implemented until approved by the Legislature. The program
35	must be developed in coordination with input from state and
36	local entities, private businesses, and the public. Under the
37	program, recyclable materials shall include, but are not limited
38	to, metals, paper, glass, plastic, textile, rubber materials,
39	and mulch. Components of the program shall include, but are not
40	limited to:
41	(a)  Programs to identify environmentally preferable
42	purchasing practices to encourage the purchase of recycled,
43	durable, and less toxic goods.
44	(b)  Programs to educate students in grades K-12 in the
45	benefits of, and proper techniques for, recycling.
46	(c)  Programs for statewide recognition of successful
47	recycling efforts by schools, businesses, public groups, and
48	private citizens.
49	(d)  Programs for municipalities and counties to develop
50	and implement efficient recycling efforts to return valuable
51	materials to productive use, conserve energy, and protect
52	natural resources.
53	(e)  Programs by which the department can provide technical
54	assistance to municipalities and counties in support of their
55	recycling efforts.
56	(f)  Programs to educate and train the public in proper
57	recycling efforts;
58	(g)  Evaluation of how financial assistance can best be
59	provided to municipalities and counties in support of their
60	recycling efforts.
61	(h)  Evaluation of why existing waste management and
62	recycling programs in the state have not been better used.
63	Section 91.  Section 403.7033, Florida Statutes, is created
64	to read:
65	403.7033  Departmental analysis of particular recyclable
66	materials.--The Legislature finds that prudent regulation of
67	recyclable materials is crucial to the ongoing welfare of
68	Florida's ecology and economy. As such, the Department of
69	Environmental Protection shall undertake an analysis of the need
70	for new or different regulation of auxiliary containers,
71	wrappings, or disposable plastic bags used by consumers to carry
72	products from retail establishments. The analysis shall include
73	input from state and local government agencies, stakeholders,
74	private businesses, and citizens, and shall evaluate the
75	efficacy and necessity of both statewide and local regulation of
76	these materials. To ensure consistent and effective
77	implementation, the department shall submit a report with
78	conclusions and recommendations to the Legislature no later than
79	February 1, 2010. Until such time that the Legislature adopts
80	the recommendations of the department, no local government,
81	local governmental agency, or state government agency may enact
82	any rule, regulation, or ordinance regarding use, disposition,
83	sale, prohibition, restriction, or tax of such auxiliary
84	containers, wrappings, or disposable plastic bags.
85	Section 92. 403.706  Local government solid waste
86	responsibilities.--
87	(2)(a)  Each county shall implement a recyclable materials
88	recycling program. Counties and municipalities are encouraged to
89	form cooperative arrangements for implementing recycling
90	programs.
91	(b)  Such programs shall be designed to recover a
92	significant portion of at least four of the following materials
93	from the solid waste stream prior to final disposal at a solid
94	waste disposal facility and to offer these materials for
95	recycling: newspaper, aluminum cans, steel cans, glass, plastic
96	bottles, cardboard, office paper, and yard trash. Local
97	governments which operate permitted waste-to-energy facilities
98	may retrieve ferrous and nonferrous metal as a byproduct of
99	combustion.
100	(c)  Local governments are encouraged to separate all
101	plastics, metal, and all grades of paper for recycling prior to
102	final disposal and are further encouraged to recycle yard trash
103	and other mechanically treated solid waste into compost
104	available for agricultural and other acceptable uses.
105	(d)  By July 1, 2010, each county shall develop and
106	implement a plan to achieve a goal to compost is encouraged to
107	consider plans for composting or mulching of organic materials
108	that would otherwise be disposed of in a landfill. The goal
109	shall provide that up to 10 percent and no less than 5 percent
110	of organic material would be composted within the county and the
111	municipalities within its boundaries. The department may reduce
112	or modify the compost goal if the county demonstrates to the
113	department that achievement of the goal would be impractical
114	given the county's unique demographic, urban density, or
115	inability to separate normally compostable material from the
116	solid waste stream. The composting plan is or mulching plans are
117	encouraged to address partnership with the private sector.
118	(e)  Each county is encouraged to consider plans for
119	mulching organic materials that would otherwise be disposed of
120	in a landfill. The mulching plans are encouraged to address
121	partnership with the private sector.
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129	T I T L E  A M E N D M E N T
130	Remove line 299 and insert:
131	made by the act; amending s. 403.7031, F.S.; prohibiting a
132	county or municipality from using in practice any definition
133	inconsistent with certain statutes; creating s. 403.7032, F.S.;
134	providing legislative findings regarding recycling; providing
135	for a long-term goal of reducing the amount of solid waste
136	disposed of in the state by a certain percentage; requiring the
137	Department of Environmental Protection to develop a
138	comprehensive recycling program and submit such program to the
139	Legislature by a specified date; requiring the Legislature's
140	approval before implementing such program; requiring that such
141	program be developed in coordination with other state and local
142	entities, private businesses, and the public; requiring that the
143	program contain certain components; creating s. 403.7033, F.S.,
144	requiring a departmental analysis of particular recyclable
145	materials; requiring a submission of a report; amending s.
146	403.706, F.S., requiring every county to implement a composting
147	plan to attain certain goals by a date certain; provides for
148	goal modifications upon demonstrated need to the department;
149	amending s. 489.145, F.S.; revising
150

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