Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for SB 1308
Ì207382,Î207382
LEGISLATIVE ACTION
Senate . House
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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
80 with support structures that which are 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 dock which is located in an area designated as Outstanding
91 Florida Waters or 1,000 square feet or less of over-water
92 surface area for a dock which is located in an area that which
93 is not designated as Outstanding Florida Waters;
94 2. Is constructed on or held in place by pilings or is a
95 floating dock which is constructed so as not to involve filling
96 or dredging other than that necessary to install the pilings;
97 3. May Shall not 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
108 Nothing in This paragraph does not shall prohibit 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 repair in the same
132 location and of
133
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