HB 435

1
A bill to be entitled
2An act relating to beverage container deposits; creating
3s. 403.778, F.S.; providing a short title; providing
4definitions; establishing a refund value for specified
5beverage containers; requiring consumers and dealers to
6pay a deposit fee for specified beverage containers;
7providing for redemption of beverage containers and
8deposit fees; authorizing use of reverse vending machines;
9providing requirements and procedures for redemption
10centers and beverage container dealers and distributors;
11providing for reimbursement of certain handling fees;
12requiring the keeping of specified information and
13records; preserving the confidentiality of trade secret
14information; authorizing the Department of Environmental
15Protection to adopt implementing rules; specifying
16conditions for violation of the act; providing a civil
17penalty and providing for its disposition; prohibiting
18local governments from imposing fees for the same or
19similar purpose; providing an effective date.
20
21     WHEREAS, the Legislature finds that reducing roadside
22litter is important for the promotion of tourism and to increase
23the quality of life for the residents of this state, and
24     WHEREAS, the Legislature finds that recycling is also an
25important element of an integrated solid waste management
26system, which can protect and preserve environmental resources
27and reduce economic costs to residents and businesses within the
28state, and
29     WHEREAS, the Legislature finds a need to reduce both
30roadside and overall litter, as well to expand participation in
31recycling programs, and
32     WHEREAS, the purpose of this act is to reduce both roadside
33and overall litter, to increase participation and recycling
34rates for specified deposit beverage containers, to reduce waste
35disposal costs, to provide a connection between manufacturing
36decisions and recycling program management, to create local
37jobs, to combat climate change, and to save energy, NOW,
38THEREFORE,
39
40Be It Enacted by the Legislature of the State of Florida:
41
42     Section 1.  Section 403.778, Florida Statutes, is created
43to read:
44     403.778  Beverage container deposits.--
45     (1)  SHORT TITLE.--This section may be cited as the
46"Florida Beverage Container Deposit Act."
47     (2)  DEFINITIONS.--As used in this section:
48     (a)  "Consumer" means a person who buys a deposit beverage
49in a deposit beverage container for use or consumption and pays
50the deposit.
51     (b)  "Dealer" means a person who engages in the sale of
52deposit beverages in deposit beverage containers to a consumer
53for off-premises consumption in the state.
54     (c)  "Department" means the Department of Environmental
55Protection.
56     (d)  "Deposit beverage" means beer, ale, or other drink
57produced by fermenting malt; mixed spirits, mixed wine, wine,
58distilled spirits, and wine coolers; tea and coffee drinks,
59regardless of dairy-derived product content; soda; carbonated
60and noncarbonated water; and all nonalcoholic drinks in liquid
61form that are intended for internal human consumption and are
62contained in a deposit beverage container. The term does not
63include:
64     1.  A liquid that is a syrup in a concentrated form or
65typically added as a minor flavoring ingredient in food or
66drink, such as extracts, cooking additives, sauces, or
67condiments.
68     2.  A liquid that is a drug, medical food, or infant
69formula as defined by the Federal Food, Drug, and Cosmetic Act,
7021 U.S.C. ss. 301 et seq.
71     3.  A liquid that is designed and consumed only as a
72dietary supplement and not as a beverage as defined in the
73Dietary Supplement Health and Education Act of 1994, Pub. L. No.
74103-417.
75     4.  Products frozen at the time of sale to the consumer or,
76in the case of institutional users such as hospitals and nursing
77homes, at the time of sale to the users.
78     5.  Products designed to be consumed in a frozen state.
79     6.  Instant drink powders.
80     7.  Seafood, meat, or vegetable broths, or soups, but not
81juices.
82     8.  Milk and all other dairy-derived products, except tea
83and coffee drinks containing such products.
84     (e)  "Deposit beverage container" means a sealed,
85individual container made of glass, aluminum, steel, bimetal, or
86plastic, including polyethylene terephthalate (PET), high-
87density polyethylene (HDPE), and all other plastic types and
88grades, in sizes of at least 6 fluid ounces but no more than 1
89gallon or 3.8 liters, and used, at the time of sale to the
90consumer, for containing a deposit beverage intended for use or
91consumption in this state.
92     (f)  "Distributor" means a person who is a manufacturer of
93deposit beverages in deposit beverage containers in this state
94or who buys, brings, or accepts delivery of deposit beverage
95containers from an address, supplier, or any entity outside the
96state and engages in the sale of filled deposit beverage
97containers to a dealer or consumer. The term includes federal
98agencies and military distributors, but does not include
99airlines and shipping companies that merely transport deposit
100beverage containers.
101     (g)  "Mobile redemption center" means a traveling certified
102redemption center that offers on-site container redemption to
103residences or businesses or both, either on a one-time or
104regular basis. Such centers may or may not be associated with a
105dealer or a permanent redemption center.
106     (h)  "On-premises consumption" means to consume deposit
107beverages immediately and within the area under control of the
108establishment, including bars, restaurants, passenger ships, and
109airplanes.
110     (i)  "Person" means an individual, partnership, firm,
111association, public or private corporation, federal agency, the
112state, political subdivision, trust, estate, or any other legal
113entity.
114     (j)  "Recycling facility" means all contiguous land,
115structures, appurtenances, and improvements on land used for the
116collection, separation, recovery, and sale or reuse of secondary
117resources that would otherwise be disposed of as municipal solid
118waste and is an integral part of a manufacturing process aimed
119at producing a marketable product made of post-consumer
120material.
121     (k)  "Redeemer" means a person, other than a dealer or
122distributor, who demands the refund value in exchange for the
123empty deposit beverage container.
124     (l)  "Redemption center" or "permanent redemption center"
125means an operation in a fixed location that accepts empty
126deposit containers from consumers or redeemers and provides the
127refund value for empty deposit beverage containers intended to
128be recycled and ensures that such containers are properly
129recycled.
130     (m)  "Refillable beverage container" means any deposit
131beverage container that is intended to be returned to the
132manufacturer to be refilled and resold.
133     (n)  "Reverse vending machine" means a mechanical device
134that accepts one or more types of empty deposit beverage
135containers and issues cash, electronic credit, or a redeemable
136credit slip with a value not less than the container's refund
137value. The refund value shall be aggregated and then paid if
138more than one container is redeemed in a single transaction.
139     (o)  "Satellite drop-off site" means a designated site
140where participating consumers bring empty containers for
141processing at a centralized processing facility.
142     (3)  REFUND VALUES.--Beginning July 1, 2010, every deposit
143beverage container sold or offered for sale in this state shall
144have the following refund value when empty:
145     (a)  Twenty cents for each deposit beverage container with
146a volume of at least 6 fluid ounces but less than 25 fluid
147ounces.
148     (b)  Thirty cents for each deposit beverage container with
149a volume of at least 25 fluid ounces but not more than 1 gallon
150or 3.8 liters.
151     (4)  DEPOSIT FEE.--
152     (a)  Beginning July 1, 2010, every deposit beverage
153distributor shall charge the dealer or consumer a deposit fee
154equal to the refund value for each deposit beverage container
155sold to the dealer or consumer in the state. The deposit charge
156may appear as a separate line item on the invoice.
157     (b)  Beginning July 1, 2010, every dealer shall charge the
158consumer at the point of sale a deposit fee equal to the refund
159value for each deposit beverage container sold to the consumer
160in the state, except on beverages intended for on-premises
161consumption. The deposit charge may appear as a separate line
162item on the invoice.
163     (c)  Every deposit beverage container sold or offered for
164sale in this state shall be clearly identified by a stamp,
165label, or other mark securely affixed to the deposit beverage
166container and bearing the word "Florida" or the letters "FL" and
167indicating the refund value of the deposit beverage container.
168Such stamp, label, or other mark shall be provided by the
169beverage distributor.
170     (d)  Inventory already in circulation on July 1, 2010,
171shall be affixed with an adhesive sticker bearing the word
172"Florida" or the letters "FL" and indicating the refund value of
173the deposit beverage container. Such sticker shall be provided
174by the beverage distributors.
175     (e)  Once a refund value has been applied to a deposit
176beverage container, the deposit fee on that container may not be
177changed.
178     (5)  REDEMPTION CENTERS.--
179     (a)  A person may not establish or operate a redemption
180center without registering with the department on a form
181provided by the department with such information as the
182department deems necessary, including:
183     1.  The name of the business owner of the redemption center
184and the address of the business.
185     2.  The types of deposit beverage containers to be accepted
186and whether deposit beverage containers will be accepted from
187redeemers or dealers or both.
188     3.  The hours of operation and whether the center will
189provide mobile on-site or satellite drop-off redemption
190services.
191     (b)  The operator of the redemption center shall report any
192change in procedure to the department within 48 hours of such
193change. Any person establishing a redemption center shall have
194the right to determine what kind, size, or brand of deposit
195beverage container shall be accepted. Any redemption center may
196be established to serve all persons or to serve certain
197specified consumers, redeemers, and dealers.
198     (c)  Municipal and county governments, nonprofit agencies,
199dealers, and individual persons are eligible to register to
200operate a redemption center.
201     (d)  The department, at any time, may review the
202registration of a redemption center.
203     (e)  Except for redemption centers operated by a recovered
204materials dealer certified by the department, all redemption
205centers must:
206     1.  Verify that all deposit beverage containers to be
207redeemed bear a valid Florida refund value.
208     2.  Pay to the redeemer the full refund value for all
209deposit beverage containers as provided for by this section.
210     3.  Ensure all deposit beverage containers collected are
211recycled through a contractual agreement with an out-of-state
212recycler or an in-state recovered materials dealer certified by
213the department.
214     (f)  Redemption centers shall be maintained in full
215compliance with applicable laws and with the orders and rules of
216the department.
217     (g)  Redemption centers shall refuse to pay the refund
218value on any broken, corroded, dismembered, or flattened deposit
219beverage container or any deposit beverage container that
220contains a free-flowing liquid, does not properly indicate a
221refund value, or contains a significant amount of foreign
222material.
223     (h)  For the purposes of this section, a redemption center
224shall be considered to be sponsored by a dealer if there is an
225agreement between the dealer and the operator of the redemption
226center requiring the redemption center to remove empty deposit
227beverage containers from the premises of the dealer.
228     (6)  REVERSE VENDING MACHINES.--
229     (a)  Reverse vending machines may be used by redemption
230centers, provided that the reverse vending machines shall accept
231all the same types of empty deposit beverage containers and pay
232out appropriate refunds via cash, electronic credit, or a
233redeemable voucher for those containers that bear a valid
234Florida refund value.
235     (b)  Redemption centers or dealers using reverse vending
236machines shall ensure that such machines are routinely serviced
237to ensure proper operation and continuous acceptance of
238containers and payment of refunds.
239     (7)  REQUIREMENTS FOR DEALERS.--
240     (a)  A dealer may not refuse to accept and redeem at the
241dealer's place of business, from any person, any empty deposit
242beverage container of the kind, size, or brand sold by the
243dealer or refuse to pay to such person the refund value of the
244deposit beverage container as established by this section,
245unless:
246     1.  The deposit beverage container is broken, corroded,
247dismembered, or flattened, contains a free-flowing liquid, does
248not properly indicate a refund value, or contains a significant
249amount of foreign material.
250     2.  There is a redemption center located within 1 mile of
251the dealer's place of business that accepts empty deposit
252beverage containers of the kind, size, or brand sold by the
253dealer at the dealer's place of business. In order for this
254exemption to apply, the dealer must post a clear and conspicuous
255sign at each public entrance to the dealer's place of business
256that specifies the name, address, and hours of operation of the
257closest redemption center location.
258     (b)  A dealer may not refuse to accept and redeem any empty
259deposit beverage container of the kind, size, or brand
260previously sold at the dealer's place of business, the sale of
261which has been discontinued by the dealer for not less than 60
262days after the last sale by the dealer of that kind, size, or
263brand of deposit beverage container. Prior to that date, the
264dealer shall post, at the point of sale, notice of the last date
265on which the discontinued kind, size, or brand of deposit
266beverage container may be redeemed.
267     (c)  A dealer accepting empty deposit beverage containers
268must:
269     1.  Verify that all empty deposit beverage containers to be
270redeemed bear a valid Florida refund value.
271     2.  Pay to the redeemer the full refund value for all empty
272deposit beverage containers as provided for by this section.
273     3.  Ensure that each deposit beverage container collected
274is recycled through a contractual agreement with an out-of-state
275recycler or an in-state recovered materials dealer certified by
276the department.
277     (8)  REQUIREMENTS FOR DISTRIBUTORS.--
278     (a)  A distributor may not refuse to accept any empty
279deposit beverage container of the kind, size, or brand sold by
280the distributor or refuse to pay to a dealer or redemption
281center operator the refund value of a deposit beverage container
282as established by this section, provided that the deposit
283beverage container is from a dealer or an operator of a
284redemption center located within the territory of the
285distributor or an operator of a redemption center that certifies
286to the distributor that the redeemed container was from a dealer
287located and operated exclusively within the territory of the
288distributor.
289     (b)  A distributor may refuse to accept and redeem any
290empty deposit beverage container that is broken, corroded,
291dismembered, or flattened, contains a free-flowing liquid, does
292not properly indicate a refund value, or contains a significant
293amount of foreign material.
294     (c)  A distributor shall remove any empty deposit beverage
295container from the premises of a dealer serviced by the
296distributor or from the premises of a redemption center
297sponsored by any dealer serviced by the distributor, provided
298the premises are located within the territory of the
299distributor.
300     (d)  The distributor shall pay the refund value to a dealer
301in accordance with the schedule for payment by the dealer to the
302distributor for full deposit beverage containers and shall pay
303the refund value to an operator of a redemption center not more
304than 20 days after receipt of the empty deposit beverage
305container.
306     (e)  A distributor may not refuse to accept and redeem any
307empty deposit beverage container of the kind, size, or brand
308previously offered by the distributor, the sale of which has
309been discontinued by the distributor for not less than 150 days
310after the last delivery of that kind, size, or brand of beverage
311container. Not less than 120 days before the last date such
312containers may be redeemed, the distributor shall notify the
313dealer who bought the discontinued kind, size, or brand of
314deposit beverage container that the distributor shall not redeem
315an empty deposit beverage container of that kind, size, or
316brand.
317     (9)  HANDLING FEE REIMBURSEMENT.--Upon redeeming empty
318deposit beverage containers, a dealer or a redemption center
319shall be reimbursed a handling fee by the distributor of such
320deposit beverage containers in an amount that is at least 20
321percent of the deposit returned to the consumer in addition to
322the refund.
323     (10)  REQUIRED INFORMATION AND RECORDS.--
324     (a)  All dealers, distributors, redemption centers, and
325recycling facilities accepting empty deposit beverage containers
326shall submit the following information to the department:
327     1.  The amount and type of deposit beverage containers
328accepted and rejected.
329     2.  The amount of refunds paid out.
330     3.  The amount and weight of each type of deposit beverage
331container transported to an out-of-state recycler or an in-state
332recovered materials dealer certified by the department.
333     4.  Copies of transport and weight receipts from recycling
334facilities. If the redemption center and the recycling facility
335are the same entity, receipts shall be independently verified.
336Such documentation shall be used for periodic, random audits of
337redemption centers.
338     (b)  The records of all dealers, distributors, redemption
339centers, and recycling facilities accepting empty deposit
340beverage containers shall be made available, upon request, for
341inspection by the department, a duly authorized agent of the
342department, or an auditor employed by the state.
343     (c)  Information reported pursuant to the requirements of
344this section or any rule adopted pursuant to this section which,
345if disclosed, would reveal a trade secret as defined in s.
346812.081 is confidential and exempt from the provisions of s.
347119.07(1) and s. 24(a), Art. I of the State Constitution as
348provided in s. 815.04. For reporting or information purposes,
349however, the department may provide this information in such
350form that the names of the persons reporting such information
351and the specific information reported are not revealed.
352     (11)  RULES.--The department shall adopt rules pursuant to
353ss. 120.536(1) and 120.54 to implement this section. Such rules
354shall include, but not be limited to, provisions for the
355redemption of empty deposit beverage containers dispensed
356through automatic vending machines; the use of reverse vending
357machines which dispense cash, electronic credit, or a redeemable
358voucher to consumers for redemption of empty deposit beverage
359containers; and scheduling for redemption by dealers and
360distributors and for exemptions or modifications to the labeling
361requirement of this section.
362     (12)  VIOLATION OF SECTION; PENALTY; REQUIRED SIGNAGE.--
363     (a)  The obligation to accept or take empty deposit
364beverage containers and to pay the refund value and handling
365fees for such containers as described in this section applies
366only to deposit beverage containers originally sold in this
367state as filled deposit beverage containers. A person who,
368during any single transaction, tenders to a dealer, distributor,
369redemption center, or bottler more than 24 empty deposit
370beverage containers that the person knows or has reason to know
371were not originally sold in this state as filled deposit
372beverage containers is in violation of this section.
373     (b)  A person who violates this section commits a
374noncriminal infraction, punishable by a civil penalty of $100,
375which shall be deposited into the Administrative Trust Fund of
376the department to be used for the purposes of administering this
377section.
378     (c)  At each location where customers tender empty deposit
379beverage containers for redemption, dealers and redemption
380centers must conspicuously display a sign with letters that are
381at least 1 inch in height advising consumers of the violation
382and penalty provided in this subsection.
383     (13)  PROHIBITION.--A county or municipality may not impose
384or collect any assessment or fee on deposit beverage containers
385for the same or similar purpose that is the subject of this
386section.
387     Section 2.  This act shall take effect July 1, 2009.


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