Florida Senate - 2018                                    SB 1856
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00339-18                                           20181856__
    1                        A bill to be entitled                      
    2         An act relating to beverage container deposits;
    3         creating s. 403.778, F.S.; providing a short title;
    4         defining terms; establishing a refund value for
    5         specified beverage containers; requiring consumers and
    6         dealers to pay a deposit fee for specified beverage
    7         containers; requiring certain information to be
    8         affixed to or printed on deposit beverage containers;
    9         providing for the redemption of beverage containers
   10         and the refunding of deposit fees; providing
   11         requirements and procedures for redemption centers;
   12         authorizing the use of reverse vending machines;
   13         specifying requirements and procedures for deposit
   14         beverage dealers and distributors; requiring payment
   15         of a certain handling fee; requiring dealers,
   16         distributors, redemption centers, and recycling
   17         facilities to keep specified information and records;
   18         authorizing the Department of Environmental Protection
   19         or other specified entities to conduct certain audits;
   20         clarifying that certain trade secret information is
   21         confidential but authorizing the release of that
   22         information in a manner that would not reveal the
   23         trade secret; requiring the department to adopt rules;
   24         specifying which containers are subject to redemption,
   25         deposit refunds, and handling fees; specifying
   26         conditions for violation of the act; providing a civil
   27         penalty for tendering more than a specified number of
   28         containers not sold in this state; providing for
   29         disposition of the penalty; prohibiting local
   30         governments from imposing fees for the same or similar
   31         purpose; providing an effective date.
   32  
   33         WHEREAS, the Legislature finds that reducing roadside
   34  litter is important for the promotion of tourism and to increase
   35  the quality of life for the residents of this state, and
   36         WHEREAS, the Legislature further finds that recycling is an
   37  important element of an integrated solid waste management system
   38  that protects and preserves environmental resources and reduces
   39  economic costs to residents and businesses in this state, and
   40         WHEREAS, the Legislature further finds that the reduction
   41  of litter and the expansion of recycling program participation
   42  is in the best interest of Floridians and visitors to this
   43  state, and
   44         WHEREAS, the purposes of this act are to reduce litter, to
   45  increase recycling rates for specified deposit beverage
   46  containers, to encourage recycling, to reduce waste disposal
   47  costs, to provide a connection between manufacturing decisions
   48  and recycling program management, to create local jobs, to
   49  combat climate change, and to save energy, NOW, THEREFORE,
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Section 403.778, Florida Statutes, is created to
   54  read:
   55         403.778Beverage container deposits.—
   56         (1) SHORT TITLE.—This section may be cited as the “Florida
   57  Beverage Container Deposit Act.”
   58         (2) DEFINITIONS.—As used in this section, the term:
   59         (a)“Certified recovered materials dealer” has the same
   60  meaning as in s. 403.7046.
   61         (b) “Consumer” means a person who buys a deposit beverage
   62  in a deposit beverage container for use or consumption and pays
   63  the deposit.
   64         (c) “Dealer” means a person who engages in the sale of
   65  deposit beverages in deposit beverage containers to a consumer
   66  for off-premises consumption in the state.
   67         (d) “Deposit beverage” means beer, ale, or other drink
   68  produced by fermenting malt; mixed spirits, mixed wine, wine,
   69  distilled spirits, and wine coolers; tea and coffee drinks,
   70  regardless of dairy-derived product content; soda; carbonated
   71  and noncarbonated water; and all nonalcoholic drinks in liquid
   72  form which are intended for internal human consumption and are
   73  contained in a deposit beverage container. The term does not
   74  include:
   75         1. A liquid that is a syrup in a concentrated form or
   76  typically added as a minor flavoring ingredient in food or
   77  drink, such as extracts, cooking additives, sauces, or
   78  condiments.
   79         2. A liquid that is a drug, medical food, or infant formula
   80  as defined by the Federal Food, Drug, and Cosmetic Act, 21
   81  U.S.C. ss. 301 et seq.
   82         3. A liquid that is designed and consumed only as a dietary
   83  supplement and not as a beverage as defined in the Dietary
   84  Supplement Health and Education Act of 1994, Pub. L. No. 103
   85  417.
   86         4. Products frozen at the time of sale to the consumer or,
   87  in the case of institutional users such as hospitals and nursing
   88  homes, at the time of sale to the user.
   89         5. Products designed to be consumed in a frozen state.
   90         6. Instant drink powders.
   91         7. Seafood, meat, or vegetable broths or soups, but not
   92  juices made or derived from these products.
   93         8. Milk and all other dairy-derived products, except tea
   94  and coffee drinks containing such products.
   95         (e) “Deposit beverage container” means a sealed, individual
   96  container made of glass, aluminum, steel, bimetal, or plastic,
   97  including polyethylene terephthalate, high-density polyethylene,
   98  and all other plastic types and grades, in sizes of at least 6
   99  fluid ounces but no more than 1 gallon, and used, at the time of
  100  sale to the consumer, for containing a deposit beverage intended
  101  for use or consumption in this state.
  102         (f) “Distributor” means a person who is a manufacturer of
  103  deposit beverages in deposit beverage containers in this state
  104  or who buys, brings, or accepts delivery of deposit beverage
  105  containers from an address, supplier, or any entity outside the
  106  state and who engages in the sale of filled deposit beverage
  107  containers to a dealer or consumer. The term includes federal
  108  agencies and military distributors, but does not include
  109  airlines and shipping companies that merely transport deposit
  110  beverage containers.
  111         (g) “Mobile redemption center” means a traveling certified
  112  redemption center that offers on-site container redemption to
  113  residences, businesses, or both, either on a one-time or regular
  114  basis, regardless of whether the mobile service is associated
  115  with a dealer or permanent redemption center.
  116         (h) “On-premises consumption” means to consume deposit
  117  beverages immediately and within the area under control of the
  118  establishment, including bars, restaurants, cafes, passenger
  119  ships, and airplanes.
  120         (i) “Person” means a federal agency; the state or a
  121  political subdivision of the state; an individual, partnership,
  122  firm, association, public or private corporation, trust, or
  123  estate; or any other legal entity.
  124         (j) “Recycling facility” means all contiguous land,
  125  structures, appurtenances, and improvements on land that is:
  126         1.Used for the collection, separation, recovery, and sale
  127  or reuse of secondary resources that would otherwise be disposed
  128  of as municipal solid waste; and
  129         2.An integral part of a manufacturing process aimed at
  130  producing a marketable product made of post-consumer material.
  131         (k) “Redeemer” means a person, other than a dealer or
  132  distributor, who demands the refund value in exchange for the
  133  empty deposit beverage container.
  134         (l) “Redemption center” or “permanent redemption center”
  135  means an operation in a fixed location which accepts empty
  136  deposit containers from consumers or redeemers, provides the
  137  refund value for empty deposit beverage containers intended to
  138  be recycled, and ensures that such containers are properly
  139  recycled.
  140         (m) “Reverse vending machine” means a mechanical device
  141  that accepts one or more types of empty deposit beverage
  142  containers and issues cash, electronic credit, or a redeemable
  143  credit slip with a value not less than the container’s refund
  144  value.
  145         (n) “Satellite drop-off site” means a designated site where
  146  participating consumers bring empty containers for processing at
  147  a centralized processing facility.
  148         (3) REFUND VALUES.—Beginning July 1, 2019, every deposit
  149  beverage container sold or offered for sale in this state shall
  150  have the following refund value when empty:
  151         (a) Twenty cents for each deposit beverage container with a
  152  volume of at least 6 fluid ounces but less than 25 fluid ounces.
  153         (b) Thirty cents for each deposit beverage container with a
  154  volume of at least 25 fluid ounces but not more than 1 gallon.
  155         (4) DEPOSIT FEE.—
  156         (a) Beginning July 1, 2019, every deposit beverage
  157  distributor must charge the dealer or consumer a deposit fee
  158  equal to the refund value for each deposit beverage container
  159  sold to the dealer or consumer in the state. The deposit charge
  160  may appear as a separate line item on the invoice.
  161         (b) Beginning July 1, 2019, every dealer must charge the
  162  consumer at the point of sale a deposit fee equal to the refund
  163  value for each deposit beverage container sold to the consumer
  164  in the state, except on beverages intended for on-premises
  165  consumption. The deposit charge may appear as a separate line
  166  item on the invoice.
  167         (c) Every deposit beverage container sold or offered for
  168  sale in this state must be clearly identified by a stamp, label,
  169  or other mark securely affixed to or printed on the deposit
  170  beverage container bearing the word “Florida” or the letters
  171  “FL” and indicating the refund value of the deposit beverage
  172  container. Such stamp, label, or other mark must be provided by
  173  the beverage distributor.
  174         (d) Inventory already in circulation on July 1, 2019, must
  175  be affixed with an adhesive sticker bearing the word “Florida”
  176  or the letters “FL” and indicating the refund value of the
  177  deposit beverage container. Such sticker must be provided by the
  178  beverage distributor.
  179         (e) Once a refund value has been affixed to a deposit
  180  beverage container, the deposit fee on that container may not be
  181  changed.
  182         (5) REDEMPTION CENTERS.—
  183         (a) A person may not establish or operate a redemption
  184  center without registering with the department, on a form
  185  provided by the department, and providing such information as
  186  the department deems necessary to register a redemption center.
  187  At a minimum, the department must obtain the following
  188  information from a redemption center registrant:
  189         1. The name and business address of the business owner of
  190  the redemption center.
  191         2. The types of deposit beverage containers to be accepted
  192  and whether deposit beverage containers will be accepted from
  193  redeemers, dealers, or both.
  194         3. The hours of operation and whether the center will
  195  operate a mobile redemption center or provide a satellite drop
  196  off site.
  197         (b) The operator of the redemption center shall report any
  198  change in procedure to the department within 48 hours of the
  199  change. A person establishing a redemption center has the right
  200  to determine what kind, size, or brand of deposit beverage
  201  container to accept. A redemption center may be established to
  202  serve all persons or to serve certain specified consumers,
  203  redeemers, and dealers.
  204         (c) Municipal and county governments, nonprofit agencies,
  205  dealers, and individuals may register to operate a redemption
  206  center.
  207         (d) The department, at any time, may review the
  208  registration of a redemption center.
  209         (e) Except for redemption centers operated by a certified
  210  recovered materials dealer, a redemption center shall:
  211         1. Verify that all deposit beverage containers to be
  212  redeemed bear a valid Florida refund value.
  213         2. Pay to the redeemer the full refund value for all
  214  deposit beverage containers as provided for by this section.
  215         3. Ensure all deposit beverage containers collected are
  216  recycled through a contractual agreement with an out-of-state
  217  recycler or an in-state certified recovered materials dealer.
  218         (f) A redemption center must be maintained in full
  219  compliance with applicable laws and with the orders and rules of
  220  the department.
  221         (g) A redemption center shall refuse to pay the refund
  222  value on any broken, corroded, dismembered, or flattened deposit
  223  beverage container or any deposit beverage container that
  224  contains a free-flowing liquid, does not properly indicate a
  225  refund value, or contains a significant amount of foreign
  226  material.
  227         (h) For purposes of this section, a redemption center is
  228  deemed to be sponsored by a dealer if there is an agreement
  229  between the dealer and the operator of the redemption center
  230  requiring the redemption center to remove empty deposit beverage
  231  containers from the premises of the dealer.
  232         (6) REVERSE VENDING MACHINES.—
  233         (a) A reverse vending machine may be used by a redemption
  234  center if the machine accepts all of the same types of empty
  235  deposit beverage containers and pays out appropriate refunds in
  236  cash, electronic credit, or a redeemable voucher for those
  237  containers that bear a valid Florida refund value. The refund
  238  value shall be aggregated and then paid if more than one
  239  container is redeemed in a single transaction.
  240         (b) A redemption center or dealer that uses reverse vending
  241  machines must ensure that the machines are routinely serviced to
  242  maintain proper operation, continuous acceptance of containers,
  243  and payment of refunds.
  244         (7) REQUIREMENTS FOR DEALERS.—
  245         (a) A dealer may not refuse to accept from any person and
  246  redeem at the dealer’s place of business any empty deposit
  247  beverage container of the kind, size, or brand sold by the
  248  dealer or refuse to pay to such person the refund value of the
  249  deposit beverage container as established by this section,
  250  unless:
  251         1. The deposit beverage container is broken, corroded,
  252  dismembered, or flattened; contains a free-flowing liquid; does
  253  not properly indicate a refund value; or contains a significant
  254  amount of foreign material; or
  255         2. There is a redemption center located within 1 mile of
  256  the dealer’s place of business which accepts empty deposit
  257  beverage containers of the kind, size, or brand sold by the
  258  dealer at the dealer’s place of business. This subparagraph does
  259  not apply unless the dealer posts a clear and conspicuous sign
  260  at each public entrance to its place of business which specifies
  261  the name, address, and hours of operation of the closest
  262  redemption center location.
  263         (b) If a dealer discontinues the sale of a deposit beverage
  264  container of the kind, size, or brand previously sold at the
  265  dealer’s place of business, the dealer may not refuse to accept
  266  and redeem such containers for the 60-day period immediately
  267  after the dealer’s last sale of that kind, size, or brand of
  268  deposit beverage container. The dealer shall post at the point
  269  of sale a notice of the last date on which the discontinued
  270  kind, size, or brand of deposit beverage container may be
  271  redeemed. Such notice must be so posted for the entire 60-day
  272  period.
  273         (c) A dealer accepting empty deposit beverage containers
  274  shall:
  275         1. Verify that all empty deposit beverage containers to be
  276  redeemed bear a valid Florida refund value.
  277         2. Pay to the redeemer the full refund value for all empty
  278  deposit beverage containers as provided by this section.
  279         3. Ensure that each deposit beverage container collected is
  280  recycled through a contractual agreement with an out-of-state
  281  recycler or an in-state certified recovered materials dealer.
  282         (8) REQUIREMENTS FOR DISTRIBUTORS.—
  283         (a) A distributor may not refuse to accept any empty
  284  deposit beverage container of the kind, size, or brand sold by
  285  the distributor or refuse to pay to a dealer or redemption
  286  center operator the refund value of a deposit beverage container
  287  established by this section when the deposit beverage container
  288  is from a dealer or the operator of a redemption center if such
  289  dealer or operator is located within the territory of the
  290  distributor, or from an operator of a redemption center who
  291  certifies to the distributor that the redeemed container was
  292  from a dealer located and operated exclusively within the
  293  territory of the distributor.
  294         (b) A distributor may refuse to accept and redeem an empty
  295  deposit beverage container that is broken, corroded,
  296  dismembered, or flattened; contains a free-flowing liquid; does
  297  not properly indicate a refund value; or contains a significant
  298  amount of foreign material.
  299         (c) A distributor shall remove any empty deposit beverage
  300  containers from the premises of a dealer serviced by the
  301  distributor or from the premises of a redemption center
  302  sponsored by any dealer serviced by the distributor when such
  303  premises are located within the territory of the distributor.
  304         (d) The distributor shall pay the refund value to a dealer
  305  in accordance with a schedule for payment agreed to by the
  306  dealer and the distributor for full deposit beverage containers.
  307  The distributor shall pay the refund value to an operator of a
  308  redemption center not more than 20 days after receipt of the
  309  empty deposit beverage container.
  310         (e) If a distributor discontinues the sale of a deposit
  311  beverage container of the kind, size, or brand previously sold
  312  at the dealer’s place of business, the distributor may not
  313  refuse to accept and redeem such containers for the 150-day
  314  period immediately after the distributor’s last day of delivery
  315  of that kind, size, or brand of deposit beverage container. Not
  316  less than 120 days before the last date such containers may be
  317  redeemed, the distributor must notify the dealer who bought the
  318  discontinued kind, size, or brand of deposit beverage container
  319  that the distributor no longer redeems that empty container.
  320         (9) HANDLING FEE REIMBURSEMENT.—Upon a dealer or a
  321  redemption center redeeming empty deposit beverage containers, a
  322  distributor must pay the dealer or redemption center a handling
  323  fee in an amount that is at least 20 percent of the deposit
  324  returned to the consumer in addition to the refund for such
  325  beverage containers.
  326         (10) REQUIRED INFORMATION AND RECORDS.—
  327         (a) All dealers, distributors, redemption centers, and
  328  recycling facilities that accept empty deposit beverage
  329  containers shall submit the following information to the
  330  department:
  331         1. The amount and type of deposit beverage containers
  332  accepted and rejected;
  333         2. The amount of refunds paid out;
  334         3. The amount and weight of each type of deposit beverage
  335  container transported to each out-of-state recycler and in-state
  336  certified recovered materials dealer;
  337         4. Copies of transport and weight receipts from recycling
  338  facilities. If the redemption center and the recycling facility
  339  are the same entity, receipts must be independently verified.
  340  Such documentation may be used for periodic, random department
  341  audits of redemption centers.
  342         (b) The records of dealers, distributors, redemption
  343  centers, and recycling facilities that accept empty deposit
  344  beverage containers must be made available, upon request, for
  345  inspection by the department, a duly authorized agent of the
  346  department, or an auditor employed by the state.
  347         (c) Pursuant to s. 815.04, information that, if disclosed,
  348  would reveal a trade secret as defined in s. 812.081, and that
  349  must be reported in accordance with this section or rules
  350  adopted pursuant to this section, is confidential and exempt
  351  from s. 119.07(1) and s. 24(a), Art. I of the State
  352  Constitution. However, for reporting or other informational
  353  purposes, the department may provide potential trade secret
  354  information in such a form that the names of the persons
  355  reporting the information and the specific trade secret
  356  information are not revealed.
  357         (11) RULES.—The department shall adopt rules pursuant to
  358  chapter 120 to implement this section. Such rules must include,
  359  but need not be limited to, provisions for the redemption of
  360  empty deposit beverage containers dispensed through vending
  361  machines; the use of reverse vending machines that dispense
  362  cash, electronic credit, or a redeemable voucher to consumers
  363  for redemption of empty deposit beverage containers; the
  364  scheduling of redemption by dealers and distributors; and
  365  exemptions or modifications to the labeling requirement of this
  366  section.
  367         (12) OBLIGATION; VIOLATION OF SECTION; PENALTY; REQUIRED
  368  SIGNAGE.—
  369         (a) The obligation of a distributor or dealer to accept or
  370  take empty deposit beverage containers and to pay the refund
  371  value and handling fees for such containers applies only to
  372  deposit beverage containers originally sold in this state as
  373  filled deposit beverage containers.
  374         (b)A person may not, during a single transaction, tender
  375  to a dealer, distributor, or redemption center more than 24
  376  empty deposit beverage containers that the person knows, or has
  377  reason to know, were not originally sold in this state as filled
  378  deposit beverage containers. A person who violates this
  379  paragraph commits a noncriminal infraction, punishable by a
  380  civil penalty of $100, which must be deposited in the
  381  Administrative Trust Fund of the department and used to
  382  administer this section.
  383         (c) At each location where customers tender empty deposit
  384  beverage containers for redemption, dealers and redemption
  385  centers must conspicuously display a sign with letters that are
  386  at least 1 inch in height advising consumers of the prohibition
  387  and penalty in paragraph (b).
  388         (13) PREEMPTION.—A county or municipality may not impose or
  389  collect any assessment or fee on deposit beverage containers for
  390  the same or similar purpose that is the subject of this section.
  391         Section 2. This act shall take effect upon becoming a law.