Florida Senate - 2019 SB 672
By Senator Rader
29-00189-19 2019672__
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 dealers and
6 consumers in this state to pay a deposit fee for
7 specified beverage containers; requiring that certain
8 information be affixed to or printed on deposit
9 beverage containers; prohibiting the establishment or
10 operation of a redemption center unless it is
11 registered with the Department of Environmental
12 Protection; providing minimum standards for
13 registration; requiring that information provided to
14 the department in the registration process be kept
15 current; providing that persons establishing a
16 redemption center have a certain right; providing
17 requirements for redemption centers; prohibiting
18 redemption centers from paying the refund value for
19 certain containers; authorizing the use of reverse
20 vending machines under certain circumstances;
21 specifying requirements and procedures for certain
22 deposit beverage dealers and distributors; requiring
23 distributors to pay a handling fee of at least a
24 specified amount to dealers and redemption centers;
25 requiring certain dealers, distributors, redemption
26 centers, and recycling facilities to submit specified
27 information to the department and to make records
28 available to the department upon request; authorizing
29 the department or other specified entities to conduct
30 certain audits; clarifying that certain trade secret
31 information is confidential but authorizing the
32 release of that information in a manner that would not
33 reveal the trade secret; requiring the department to
34 adopt rules; providing that distributors and dealers
35 are not obligated to accept or take and pay the refund
36 value for containers not originally sold in this
37 state; prohibiting certain transactions involving such
38 empty deposit beverage containers and requiring a
39 specified notice to customers; providing a civil
40 penalty for violations; providing for disposition of
41 the penalty; requiring such penalties to be publicly
42 noticed; prohibiting local governments from imposing
43 fees for the same or a similar purpose; providing an
44 effective date.
45
46 WHEREAS, the Legislature finds that roadside litter
47 presents an obstacle to the promotion of tourism and that
48 reducing the amount of roadside litter improves the quality of
49 life for the residents of this state, and
50 WHEREAS, the Legislature further finds that recycling is an
51 important element of an integrated solid waste management system
52 that protects and preserves environmental resources and reduces
53 economic costs to residents and businesses in this state, and
54 WHEREAS, the Legislature further finds that the reduction
55 of litter and the expansion of recycling program participation
56 is in the best interest of Floridians and visitors to this
57 state, and
58 WHEREAS, the purposes of this act are to reduce litter, to
59 increase recycling rates for specified deposit beverage
60 containers, to encourage recycling, to reduce waste disposal
61 costs, to provide a connection between manufacturing decisions
62 and recycling program management, to create local jobs, to
63 combat climate change, and to save energy, NOW, THEREFORE,
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Section 403.778, Florida Statutes, is created to
68 read:
69 403.778 Beverage container deposits.—
70 (1) SHORT TITLE.—This section may be cited as the “Florida
71 Beverage Container Deposit Act.”
72 (2) DEFINITIONS.—As used in this section, the term:
73 (a) “Certified recovered materials dealer” has the same
74 meaning as in s. 403.7046.
75 (b) “Consumer” means a person who buys a deposit beverage
76 in a deposit beverage container for use or consumption and pays
77 the deposit.
78 (c) “Dealer” means a person who engages in the sale of
79 deposit beverages in deposit beverage containers in the state to
80 a consumer for off-premises consumption.
81 (d) “Deposit beverage” means beer, ale, or another drink
82 produced by fermenting malt; mixed spirits, mixed wine, wine,
83 distilled spirits, and wine coolers; tea and coffee drinks,
84 regardless of any dairy-derived product content; soda;
85 carbonated and noncarbonated water; and all nonalcoholic drinks
86 in liquid form which are intended for internal human consumption
87 and are contained in a deposit beverage container. The term does
88 not include:
89 1. A liquid that is a syrup in a concentrated form or that
90 is typically added as an incidental flavoring ingredient in food
91 or drink, such as extracts, cooking additives, sauces, or
92 condiments.
93 2. A liquid that is a drug, medical food, or infant formula
94 as defined by the Federal Food, Drug, and Cosmetic Act, 21
95 U.S.C. ss. 301 et seq.
96 3. A liquid that is designed and consumed only as a dietary
97 supplement as defined in the Dietary Supplement Health and
98 Education Act of 1994, Pub. L. No. 103-417, and not as a
99 beverage.
100 4. Products that are frozen at the time of sale to the
101 consumer or, in the case of institutional users such as
102 hospitals and nursing homes, at the time of sale to such users.
103 5. Products designed to be consumed in a frozen state.
104 6. Instant drink powders.
105 7. Seafood, meat, or vegetable broths or soups, but not
106 juices made or derived from these products.
107 8. Milk and all other dairy-derived products, except tea
108 and coffee drinks containing such products.
109 (e) “Deposit beverage container” means a sealed, individual
110 container made of glass, aluminum, steel, bimetal, or plastic,
111 including polyethylene terephthalate, high-density polyethylene,
112 and all other plastic types and grades, in sizes of at least 6
113 fluid ounces but no more than 1 gallon, and used, at the time of
114 sale to the consumer, for containing a deposit beverage intended
115 for use or consumption in this state.
116 (f) “Distributor” means a person who is a manufacturer of
117 deposit beverages in deposit beverage containers in this state
118 or who buys, brings, or accepts delivery of deposit beverage
119 containers from an address, supplier, or any entity outside the
120 state and who engages in the sale of filled deposit beverage
121 containers to a dealer or consumer. The term includes federal
122 agencies and military distributors, but does not include
123 airlines and shipping companies that merely transport deposit
124 beverage containers.
125 (g) “Mobile redemption center” means a redemption center
126 that offers container redemption services to residences,
127 businesses, or both on their respective sites, either on a one
128 time or regular basis, regardless of whether the services are
129 offered in association with a dealer or permanent redemption
130 center.
131 (h) “On-premises consumption” means the immediate
132 consumption of deposit beverages within the area under the
133 control of the airplane, bar, restaurant, cafe, passenger ship,
134 or other establishment where they are sold.
135 (i) “Person” means a federal agency; the state or a
136 political subdivision of the state; an individual, partnership,
137 firm, association, public or private corporation, trust, or
138 estate; or any other legal entity.
139 (j) “Recycling facility” means all contiguous land,
140 structures, appurtenances, and improvements on land that is:
141 1. Used for the collection, separation, recovery, and sale
142 or reuse of secondary resources that would otherwise be disposed
143 of as municipal solid waste; and
144 2. An integral part of a manufacturing process aimed at
145 producing a marketable product made of post-consumer material.
146 (k) “Redeemer” means a person, other than a dealer or
147 distributor, who demands the refund value in exchange for the
148 empty deposit beverage container.
149 (l) “Redemption center” or “permanent redemption center”
150 means a facility registered under subsection (5) which operates
151 at a fixed location and which accepts empty deposit containers
152 from consumers or redeemers, provides the refund value for empty
153 deposit beverage containers intended to be recycled, and ensures
154 that such containers are properly recycled.
155 (m) “Reverse vending machine” means a mechanical device
156 that accepts one or more types of empty deposit beverage
157 containers and issues cash, electronic credit, or a redeemable
158 credit slip with a value not less than the containers’ refund
159 value.
160 (n) “Satellite drop-off site” means a designated site where
161 participating consumers bring empty containers for subsequent
162 processing at a centralized processing facility.
163 (3) REFUND VALUES.—Beginning July 1, 2020, each deposit
164 beverage container sold or offered for sale in this state must
165 have one of the following refund values, as appropriate, when
166 empty:
167 (a) Twenty cents for each deposit beverage container with a
168 volume of at least 6 fluid ounces but less than 25 fluid ounces.
169 (b) Thirty cents for each deposit beverage container with a
170 volume of at least 25 fluid ounces but not more than 1 gallon.
171 (4) DEPOSIT FEE.—
172 (a) Beginning on July 1, 2020, each deposit beverage
173 distributor must charge a dealer or consumer in this state a
174 deposit fee equal to the refund value for each deposit beverage
175 container sold to the dealer or consumer. The charge for the
176 deposit fee may appear as a separate line item on the invoice.
177 (b) Beginning on July 1, 2020, each dealer must charge a
178 consumer in this state, at the point of sale, a deposit fee
179 equal to the refund value for each deposit beverage container
180 sold to the consumer, except on beverages intended for on
181 premises consumption. The charge for the deposit fee may appear
182 as a separate line item on the invoice.
183 (c) Each deposit beverage container sold or offered for
184 sale in this state must be clearly identified by a stamp, label,
185 or other mark securely affixed to or printed on the deposit
186 beverage container which bears the word “Florida” or the letters
187 “FL” and indicates the refund value of the deposit beverage
188 container. Such stamp, label, or other mark must be provided by
189 the beverage distributor.
190 (d) Inventory already in circulation on July 1, 2020, must
191 be affixed with an adhesive sticker that bears the word
192 “Florida” or the letters “FL” and indicates the refund value of
193 the deposit beverage container. Such sticker must be provided by
194 the beverage distributor.
195 (e) Once a refund value has been affixed to or printed on a
196 deposit beverage container, the deposit fee on that container
197 may not be changed.
198 (5) REDEMPTION CENTERS.—
199 (a) A person may not establish or operate a redemption
200 center without registering with the department, on a form
201 provided by the department, and providing such information as
202 the department deems necessary for such registration. The
203 operator of the redemption center shall report any change in the
204 information provided to the department within 48 hours after the
205 change. At a minimum, the department must obtain the following
206 information from a redemption center registrant:
207 1. The name and business address of the business owner of
208 the redemption center.
209 2. The types of deposit beverage containers to be accepted
210 and whether deposit beverage containers will be accepted from
211 redeemers, dealers, or both.
212 3. The hours of operation and whether the center will
213 operate a mobile redemption center or provide a satellite drop
214 off site.
215 (b) A person establishing a redemption center has the right
216 to determine the kind, size, or brand of deposit beverage
217 container that will be accepted. A redemption center may be
218 established to serve all persons or to serve only specified
219 consumers, redeemers, and dealers.
220 (c) Municipal and county governments, nonprofit agencies,
221 dealers, and individuals may register to operate a redemption
222 center.
223 (d) The department may review the registration of a
224 redemption center at any time.
225 (e) Except for redemption centers operated by a certified
226 recovered materials dealer, a redemption center shall:
227 1. Verify that all deposit beverage containers to be
228 redeemed bear a valid Florida refund value.
229 2. Pay to the redeemer the full refund value for all
230 deposit beverage containers as provided for in this section.
231 3. Ensure that all deposit beverage containers collected
232 are recycled through a contractual agreement with an out-of
233 state recycler or an in-state certified recovered materials
234 dealer.
235 (f) A redemption center must be maintained in full
236 compliance with applicable laws and with the orders and rules of
237 the department.
238 (g) A redemption center may not pay the refund value on any
239 broken, corroded, dismembered, or flattened deposit beverage
240 container or any deposit beverage container that contains a
241 free-flowing liquid, does not properly indicate a refund value,
242 or contains a significant amount of foreign material.
243 (h) For purposes of this section, a redemption center is
244 deemed to be sponsored by a dealer if there is an agreement
245 between the dealer and the operator of the redemption center
246 requiring the redemption center to remove empty deposit beverage
247 containers from the premises of the dealer.
248 (6) REVERSE VENDING MACHINES.—
249 (a) A redemption center may use a reverse vending machine
250 if the machine accepts all of the same types of empty deposit
251 beverage containers and pays out appropriate refunds in cash,
252 electronic credit, or a redeemable voucher for those containers
253 that bear a valid Florida refund value. If more than one
254 container is redeemed in a single transaction, the refund value
255 for all redeemed containers must be aggregated before payment is
256 made.
257 (b) A redemption center or dealer that uses reverse vending
258 machines must ensure that the machines are routinely serviced to
259 maintain proper operation, continuous acceptance of containers,
260 and payment of refunds.
261 (7) REQUIREMENTS FOR DEALERS.—
262 (a) A dealer may not refuse to accept from any person and
263 redeem at the dealer’s place of business any empty deposit
264 beverage container of the kind, size, or brand in which the
265 dealer uses to sell deposit beverages or refuse to pay to such
266 person the refund value of the deposit beverage container as
267 established by this section, unless:
268 1. The deposit beverage container is broken, corroded,
269 dismembered, or flattened; contains a free-flowing liquid; does
270 not properly indicate a refund value; or contains a significant
271 amount of foreign material; or
272 2. There is a redemption center located within 1 mile of
273 the dealer’s place of business which accepts empty deposit
274 beverage containers of the kind, size, or brand sold by the
275 dealer at the dealer’s place of business. This subparagraph does
276 not apply unless the dealer posts a clear and conspicuous sign
277 at each public entrance to its place of business which specifies
278 the name, address, and hours of operation of the closest
279 redemption center location.
280 (b) If a dealer discontinues the sale of a deposit beverage
281 container of the kind, size, or brand previously sold at the
282 dealer’s place of business, the dealer may not refuse to accept
283 and redeem such containers for the 60-day period immediately
284 after the dealer’s last sale of that kind, size, or brand of
285 deposit beverage container. The dealer shall post at the point
286 of sale a notice of the last date on which the discontinued
287 kind, size, or brand of deposit beverage container may be
288 redeemed. Such notice must be so posted for the entire 60-day
289 period.
290 (c) A dealer that accepts empty deposit beverage containers
291 shall:
292 1. Verify that all empty deposit beverage containers to be
293 redeemed bear a valid Florida refund value.
294 2. Pay to the redeemer the full refund value for all empty
295 deposit beverage containers as provided in this section.
296 3. Ensure that each deposit beverage container collected is
297 recycled through a contractual agreement with an out-of-state
298 recycler or an in-state certified recovered materials dealer.
299 (8) REQUIREMENTS FOR DISTRIBUTORS.—
300 (a) A distributor may not refuse to accept any empty
301 deposit beverage container of the kind, size, or brand sold by
302 the distributor or refuse to pay to a dealer or redemption
303 center operator the refund value of a deposit beverage container
304 established by this section if:
305 1. The deposit beverage container is from a dealer or the
306 operator of a redemption center, if such dealer or operator is
307 located within the territory of the distributor; or
308 2. The deposit beverage container is from an operator of a
309 redemption center who certifies to the distributor that the
310 redeemed container was from a dealer located and operated
311 exclusively within the territory of the distributor.
312 (b) A distributor may refuse to accept and redeem an empty
313 deposit beverage container that is broken, corroded,
314 dismembered, or flattened; contains a free-flowing liquid; does
315 not properly indicate a refund value; or contains a significant
316 amount of foreign material.
317 (c) A distributor shall remove any empty deposit beverage
318 containers from the premises of a dealer serviced by the
319 distributor or from the premises of a redemption center
320 sponsored by any dealer serviced by the distributor when such
321 premises are located within the territory of the distributor.
322 (d) The distributor shall pay the refund value to a dealer
323 in accordance with a schedule for payment agreed to by the
324 dealer and the distributor for full deposit beverage containers.
325 The distributor shall pay the refund value to an operator of a
326 redemption center not more than 20 days after receipt of the
327 empty deposit beverage container.
328 (e) If a distributor discontinues the sale of a deposit
329 beverage container of the kind, size, or brand previously sold
330 at the dealer’s place of business, the distributor may not
331 refuse to accept and redeem such containers during the 150-day
332 period immediately after the distributor’s last day of delivery
333 of that kind, size, or brand of deposit beverage container. Not
334 less than 120 days before the last date on which such containers
335 may be redeemed, the distributor must notify the dealer who
336 bought the discontinued kind, size, or brand of deposit beverage
337 container that the distributor no longer redeems that empty
338 container.
339 (9) HANDLING FEE REIMBURSEMENT.—Upon a dealer or a
340 redemption center redeeming empty deposit beverage containers,
341 the distributor, in addition to the refund for such beverage
342 containers, must pay the dealer or redemption center a handling
343 fee in an amount equal to at least 20 percent of the deposit
344 returned to the consumer.
345 (10) REQUIRED INFORMATION AND RECORDS.—
346 (a) All dealers, distributors, redemption centers, and
347 recycling facilities that accept empty deposit beverage
348 containers shall submit the following information to the
349 department:
350 1. The amount and type of deposit beverage containers
351 accepted and rejected;
352 2. The amount of refunds paid out;
353 3. The amount and weight of each type of deposit beverage
354 container transported to each out-of-state recycler and in-state
355 certified recovered materials dealer; and
356 4. Copies of transport and weight receipts from recycling
357 facilities. If the redemption center and the recycling facility
358 are the same entity, receipts must be independently verified.
359 Such documentation may be used for periodic, random department
360 audits of redemption centers.
361 (b) The records of all such dealers, distributors,
362 redemption centers, and recycling facilities must be made
363 available, upon request, for inspection by the department, a
364 duly authorized agent of the department, or an auditor employed
365 by the state.
366 (c) Pursuant to s. 815.04, information that, if disclosed,
367 would reveal a trade secret as defined in s. 812.081, and that
368 must be reported in accordance with this section or rules
369 adopted pursuant to this section, is confidential and exempt
370 from s. 119.07(1) and s. 24(a), Art. I of the State
371 Constitution. However, for reporting or other informational
372 purposes, the department may provide potential trade secret
373 information in such a form that the names of the persons
374 reporting the information and the specific trade secret
375 information are not revealed.
376 (11) RULES.—The department shall adopt rules pursuant to
377 chapter 120 to implement this section. Such rules must include,
378 but need not be limited to, provisions for the redemption of
379 empty deposit beverage containers dispensed through vending
380 machines; the use of reverse vending machines that dispense
381 cash, electronic credit, or a redeemable voucher to consumers
382 for redemption of empty deposit beverage containers; the
383 scheduling of redemption by dealers and distributors; and
384 exemptions or modifications to the labeling requirements of this
385 section.
386 (12) OBLIGATION; VIOLATION OF SECTION; PENALTY; REQUIRED
387 SIGNAGE.—
388 (a) The obligation of a distributor or dealer to accept or
389 take empty deposit beverage containers and to pay the refund
390 value and handling fees for such containers applies only to
391 deposit beverage containers originally sold in this state as
392 filled deposit beverage containers.
393 (b) A person may not, during a single transaction, tender
394 to a dealer, distributor, or redemption center more than 24
395 empty deposit beverage containers that the person knows, or has
396 reason to know, were not originally sold in this state as filled
397 deposit beverage containers. A person who violates this
398 paragraph commits a noncriminal infraction, punishable by a
399 civil penalty of $100, which must be deposited in the
400 Administrative Trust Fund of the department and used to
401 administer this section.
402 (c) At each location where customers tender empty deposit
403 beverage containers for redemption, dealers and redemption
404 centers must conspicuously display a sign with letters that are
405 at least 1 inch in height advising consumers of the prohibition
406 and penalty imposed in paragraph (b).
407 (13) PREEMPTION.—A county or municipality may not impose or
408 collect any assessment or fee on deposit beverage containers for
409 the same or a similar purpose as that of this section.
410 Section 2. This act shall take effect upon becoming a law.