Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1308
       
       
       
       
       
       
                                Ì207382,Î207382                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/14/2018           .                                
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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