Florida Senate - 2021 CS for SB 7008
By the Committees on Governmental Oversight and Accountability;
and Environment and Natural Resources
585-03622-21 20217008c1
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 403.7046, F.S., which
4 provides exemptions from public records requirements
5 for trade secrets contained in information obtained by
6 the Department of Environmental Protection; removing
7 the scheduled repeal of an exemption; deleting an
8 exemption; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (2) and paragraph (b) of subsection
13 (3) of section 403.7046, Florida Statutes, are amended to read:
14 403.7046 Regulation of recovered materials.—
15 (2) Information reported pursuant to this section or any
16 rule adopted pursuant to this section which, if disclosed, would
17 reveal a trade secret, as defined in s. 812.081, is confidential
18 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
19 Constitution. For reporting or information purposes, however,
20 the department may provide this information in such form that
21 the names of the persons reporting such information and the
22 specific information reported are not revealed. This subsection
23 is subject to the Open Government Sunset Review Act in
24 accordance with s. 119.15 and shall stand repealed on October 2,
25 2021, unless reviewed and saved from repeal through reenactment
26 by the Legislature.
27 (3) Except as otherwise provided in this section or
28 pursuant to a special act in effect on or before January 1,
29 1993, a local government may not require a commercial
30 establishment that generates source-separated recovered
31 materials to sell or otherwise convey its recovered materials to
32 the local government or to a facility designated by the local
33 government, nor may the local government restrict such a
34 generator’s right to sell or otherwise convey such recovered
35 materials to any properly certified recovered materials dealer
36 who has satisfied the requirements of this section. A local
37 government may not enact any ordinance that prevents such a
38 dealer from entering into a contract with a commercial
39 establishment to purchase, collect, transport, process, or
40 receive source-separated recovered materials.
41 (b)1. Before engaging in business within the jurisdiction
42 of the local government, a recovered materials dealer or
43 pyrolysis facility must provide the local government with a copy
44 of the certification provided for in this section. In addition,
45 the local government may establish a registration process
46 whereby a recovered materials dealer or pyrolysis facility must
47 register with the local government before engaging in business
48 within the jurisdiction of the local government. Such
49 registration process is limited to requiring the dealer or
50 pyrolysis facility to register its name, including the owner or
51 operator of the dealer or pyrolysis facility, and, if the dealer
52 or pyrolysis facility is a business entity, its general or
53 limited partners, its corporate officers and directors, its
54 permanent place of business, evidence of its certification under
55 this section, and a certification that the recovered materials
56 or post-use polymers will be processed at a recovered materials
57 processing facility or pyrolysis facility satisfying the
58 requirements of this section. The local government may not use
59 the information provided in the registration application to
60 compete unfairly with the recovered materials dealer until 90
61 days after receipt of the application. All counties, and
62 municipalities whose population exceeds 35,000 according to the
63 population estimates determined pursuant to s. 186.901, may
64 establish a reporting process that must be limited to the
65 regulations, reporting format, and reporting frequency
66 established by the department pursuant to this section, which
67 must, at a minimum, include requiring the dealer or pyrolysis
68 facility to identify the types and approximate amount of
69 recovered materials or post-use polymers collected, recycled, or
70 reused during the reporting period; the approximate percentage
71 of recovered materials or post-use polymers reused, stored, or
72 delivered to a recovered materials processing facility or
73 pyrolysis facility or disposed of in a solid waste disposal
74 facility; and the locations where any recovered materials or
75 post-use polymers were disposed of as solid waste. The local
76 government may charge the dealer or pyrolysis facility a
77 registration fee commensurate with and no greater than the cost
78 incurred by the local government in operating its registration
79 program. Registration program costs are limited to those costs
80 associated with the activities described in this paragraph
81 subparagraph. Any reporting or registration process established
82 by a local government with regard to recovered materials or
83 post-use polymers is governed by this section and department
84 rules adopted pursuant thereto.
85 2. Information reported under this subsection which, if
86 disclosed, would reveal a trade secret, as defined in s.
87 812.081, is confidential and exempt from s. 119.07(1) and s.
88 24(a), Art. I of the State Constitution. This subparagraph is
89 subject to the Open Government Sunset Review Act in accordance
90 with s. 119.15 and shall stand repealed on October 2, 2021,
91 unless reviewed and saved from repeal through reenactment by the
92 Legislature.
93 Section 2. This act shall take effect October 1, 2021.