Florida Senate - 2016                                    SB 1674
       
       
        
       By Senator Sachs
       
       34-01129-16                                           20161674__
    1                        A bill to be entitled                      
    2         An act relating to bear-resistant garbage receptacles;
    3         creating s. 379.3019, F.S.; defining terms; requiring
    4         the Fish and Wildlife Conservation Commission to adopt
    5         rules, by a specified date, which establish standards
    6         for the designation of areas of high human-bear
    7         conflict and that designate certain garbage as bear
    8         attracting garbage; requiring the commission to apply,
    9         by a specified date, the established standards to
   10         identify areas of high human-bear conflict;
   11         prohibiting, as of a specified date, the deposit of
   12         bear-attracting garbage into receptacles other than
   13         bear-resistant receptacles in high human-bear conflict
   14         areas; requiring that specified information be posted
   15         and maintained on the commission’s website; specifying
   16         a noncriminal infraction and a fine for violations;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 379.3019, Florida Statutes, is created
   22  to read:
   23         379.3019 Bear-resistant garbage receptacles.—
   24         (1) As used in this section, the term:
   25         (a) “Bear-attracting garbage” means garbage identified by
   26  the commission by rule as likely to attract bears.
   27         (b) “Bear-resistant garbage receptacle” means a container
   28  used for the storage of garbage which has a design and a
   29  structure that significantly impede access by bears to the
   30  contents.
   31         (c) “High human-bear conflict area” means an area
   32  identified by the commission pursuant to subsection (3).
   33         (2) By July 1, 2017, the commission shall adopt by rule:
   34         (a) Standards for the designation of specific areas of this
   35  state as high human-bear conflict areas.
   36         (b) The designation of certain garbage as bear-attracting
   37  garbage.
   38         (3) By February 1, 2018, the commission shall identify
   39  areas of this state that qualify as high human-bear conflict
   40  areas. The commission shall apply the standards developed
   41  pursuant to paragraph (2)(a) in making this determination, which
   42  must be reviewed and, if necessary, revised by the commission at
   43  least once every 3 years.
   44         (4) Notwithstanding any other law to the contrary,
   45  effective July 1, 2019, a person may not deposit bear-attracting
   46  garbage into an outdoor garbage receptacle, whether the
   47  receptacle is curbside for collection or elsewhere, in a high
   48  human-bear conflict area unless the receptacle is a bear
   49  resistant garbage receptacle.
   50         (5) The commission shall post and maintain on its website
   51  the current lists of high human-bear conflict areas and bear
   52  attracting garbage.
   53         (6) A person who violates this section commits a
   54  noncriminal infraction, punishable by a fine not to exceed $500.
   55         Section 2. This act shall take effect July 1, 2016.