Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for SB 1308 Ì207382,Î207382 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/14/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 120 - 236 4 and insert: 5 (22) Counties and municipalities must address the 6 contamination of recyclable material in contracts for the 7 collection, transportation, and processing of residential 8 recyclable material based upon the following: 9 (a) A residential recycling collector may not be required 10 to collect or transport contaminated recyclable material, except 11 pursuant to a contract consistent with paragraph (c). As used in 12 this subsection, the term “residential recycling collector” 13 means a for-profit business entity that collects and transports 14 residential recyclable material on behalf of a county or 15 municipality. 16 (b) A recovered materials processing facility may not be 17 required to process contaminated recyclable material, except 18 pursuant to a contract consistent with paragraph (d). 19 (c) Each contract between a residential recycling collector 20 and a county or municipality for the collection or transport of 21 residential recyclable material, and each request for proposal 22 or other solicitation for residential recyclable material, must 23 define the term “contaminated recyclable material.” The term 24 should be defined in a manner that is appropriate for the local 25 community, taking into consideration available markets for 26 recyclable material, available waste composition studies, and 27 other relevant factors. The contract and request for proposal or 28 other solicitation must include: 29 1. The respective strategies and obligations of the county 30 or municipality and the residential recycling collector to 31 reduce the amount of contaminated recyclable material being 32 collected; 33 2. The procedures for identifying, documenting, managing, 34 and rejecting residential recycling containers, carts, or bins 35 that contain contaminated recyclable material; 36 3. The remedies authorized to be used if a container, cart, 37 or bin contains contaminated recyclable material; and 38 4. The education and enforcement measures that will be used 39 to reduce the amount of contaminated recyclable material. 40 (d) Each contract between a recovered materials processing 41 facility and a county or municipality for processing residential 42 recyclable material, and each request for proposal or other 43 solicitation for processing residential recyclable material, 44 must define the term “contaminated recyclable material.” The 45 term should be defined in a manner that is appropriate for the 46 local community, taking into consideration available markets for 47 recyclable material, available waste composition studies, and 48 other relevant factors. The contract and request for proposal 49 must include: 50 1. The respective strategies and obligations of the county 51 or municipality and the facility to reduce the amount of 52 contaminated recyclable material being collected and processed; 53 2. The procedures for identifying, documenting, managing, 54 and rejecting residential recycling containers, carts, or bins 55 that contain contaminated recyclable material; and 56 3. The remedies authorized to be used if a container or 57 load contains contaminated recyclable material. 58 (e) This subsection applies to each contract between a 59 municipality or county and a residential recycling collector or 60 recovered materials processing facility executed or renewed 61 after July 1, 2018. 62 Section 4. Subsection (1) of section 403.813, Florida 63 Statutes, is amended to read: 64 403.813 Permits issued at district centers; exceptions.— 65 (1) A permit is not required under this chapter, chapter 66 373, chapter 61-691, Laws of Florida, or chapter 25214 or 67 chapter 25270, 1949, Laws of Florida, and a local government may 68 not require an individual claiming this exemption to provide 69 further department verification, for activities associated with 70 the following types of projects; however, except as otherwise 71 provided in this subsection, this subsection does not relieve an 72 applicant from any requirement to obtain permission to use or 73 occupy lands owned by the Board of Trustees of the Internal 74 Improvement Trust Fund or a water management district in its 75 governmental or proprietary capacity or from complying with 76 applicable local pollution control programs authorized under 77 this chapter or other requirements of county and municipal 78 governments: 79 (a) The installation of overhead transmission lines, having 80withsupport structures thatwhichare not constructed in waters 81 of the state and which do not create a navigational hazard. 82 (b) The installation and repair of mooring pilings and 83 dolphins associated with private docking facilities or piers and 84 the installation of private docks, piers, and recreational 85 docking facilities, or piers and recreational docking facilities 86 of local governmental entities when the local governmental 87 entity’s activities will not take place in any manatee habitat, 88 any of which docks: 89 1. Has 500 square feet or less of over-water surface area 90 for a dockwhich islocated in an area designated as Outstanding 91 Florida Waters or 1,000 square feet or less of over-water 92 surface area for a dockwhich islocated in an area thatwhich93 is not designated as Outstanding Florida Waters; 94 2. Is constructed on or held in place by pilings or is a 95 floating dockwhich isconstructed so as not to involve filling 96 or dredging other than that necessary to install the pilings; 97 3. MayShallnot substantially impede the flow of water or 98 create a navigational hazard; 99 4. Is used for recreational, noncommercial activities 100 associated with the mooring or storage of boats and boat 101 paraphernalia; and 102 5. Is the sole dock constructed pursuant to this exemption 103 as measured along the shoreline for a distance of 65 feet, 104 unless the parcel of land or individual lot as platted is less 105 than 65 feet in length along the shoreline, in which case there 106 may be one exempt dock allowed per parcel or lot. 107 108Nothing inThis paragraph does notshallprohibit the department 109 from taking appropriate enforcement action pursuant to this 110 chapter to abate or prohibit any activity otherwise exempt from 111 permitting pursuant to this paragraph if the department can 112 demonstrate that the exempted activity has caused water 113 pollution in violation of this chapter. 114 (c) The installation and maintenance to design 115 specifications of boat ramps on artificial bodies of water where 116 navigational access to the proposed ramp exists or the 117 installation of boat ramps open to the public in any waters of 118 the state where navigational access to the proposed ramp exists 119 and where the construction of the proposed ramp will be less 120 than 30 feet wide and will involve the removal of less than 25 121 cubic yards of material from the waters of the state, and the 122 maintenance to design specifications of such ramps; however, the 123 material to be removed shall be placed upon a self-contained 124 upland site so as to prevent the escape of the spoil material 125 into the waters of the state. 126 (d) The replacement or repair of existing docks and piers, 127 except that fill material may not be used and the replacement or 128 repaired dock or pier must be within 5 feet of the same location 129 and no larger in size than the existing dock or pier, and 130 additional aquatic resources may not be adversely and 131 permanently impacted by such replacement or repairinthe same132location and of133 134 ================= T I T L E A M E N D M E N T ================ 135 And the title is amended as follows: 136 Delete lines 22 - 29 137 and insert: 138 residential recycling collectors except under certain 139 conditions; defining the term “residential recycling 140 collector”; prohibiting counties and municipalities 141 from requiring the processing of contaminated 142 recyclable material by recovered materials processing 143 facilities except under certain conditions; specifying 144 required contract provisions in residential recycling 145 collector and recovered materials processing facility 146 contracts with counties and municipalities; providing 147 applicability; amending s. 403.813, F.S.; prohibiting 148 a local government from requiring an individual to 149 provide further department verification for certain 150 projects; revising the