Florida Senate - 2025 SB 1008
By Senator Avila
39-00331B-25 20251008__
1 A bill to be entitled
2 An act relating to waste incineration; amending ss.
3 403.706 and 403.707, F.S.; prohibiting a local
4 government or the Department of Environmental
5 Protection, respectively, from issuing a construction
6 permit for a certain new solid waste disposal facility
7 or a waste-to-energy facility in specified areas;
8 amending ss. 403.703, 403.7049, and 403.705, F.S.;
9 conforming cross-references; providing an effective
10 date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Present subsections (2) through (23) of section
15 403.706, Florida Statutes, are redesignated as subsections (3)
16 through (24), respectively, and a new subsection (2) is added to
17 that section, to read:
18 403.706 Local government solid waste responsibilities.—
19 (2) A local government may not issue a construction permit
20 pursuant to this section for a new solid waste disposal facility
21 that uses an ash-producing incinerator or for a waste-to-energy
22 facility, if the proposed location of such facility is sited
23 within a one-half mile radius of any residential property,
24 commercial property, or school.
25 Section 2. Present subsections (6) through (14) of section
26 403.707, Florida Statutes, are redesignated as subsections (7)
27 through (15), respectively, and a new subsection (6) is added to
28 that section, to read:
29 403.707 Permits.—
30 (6) The department may not issue a construction permit
31 pursuant to this section for a new solid waste disposal facility
32 that uses an ash-producing incinerator or for a waste-to-energy
33 facility, if the proposed location of such facility is sited
34 within a one-half mile radius of any residential property,
35 commercial property, or school.
36 Section 3. Subsections (6), (7), and (21) of section
37 403.703, Florida Statutes, are amended to read:
38 403.703 Definitions.—As used in this part, the term:
39 (6) “Construction and demolition debris” means discarded
40 materials generally considered to be not water-soluble and
41 nonhazardous in nature, including, but not limited to, steel,
42 glass, brick, concrete, asphalt roofing material, pipe, gypsum
43 wallboard, and lumber, from the construction or destruction of a
44 structure as part of a construction or demolition project or
45 from the renovation of a structure, and includes rocks, soils,
46 tree remains, trees, and other vegetative matter that normally
47 results from land clearing or land development operations for a
48 construction project, including such debris from construction of
49 structures at a site remote from the construction or demolition
50 project site. Mixing of construction and demolition debris with
51 other types of solid waste will cause the resulting mixture to
52 be classified as other than construction and demolition debris.
53 The term also includes:
54 (a) Clean cardboard, paper, plastic, wood, and metal scraps
55 from a construction project;
56 (b) Except as provided in s. 403.707(10)(j) s.
57 403.707(9)(j), yard trash and unpainted, nontreated wood scraps
58 and wood pallets from sources other than construction or
59 demolition projects;
60 (c) Scrap from manufacturing facilities which is the type
61 of material generally used in construction projects and which
62 would meet the definition of construction and demolition debris
63 if it were generated as part of a construction or demolition
64 project. This includes debris from the construction of
65 manufactured homes and scrap shingles, wallboard, siding
66 concrete, and similar materials from industrial or commercial
67 facilities; and
68 (d) De minimis amounts of other nonhazardous wastes that
69 are generated at construction or destruction projects, provided
70 such amounts are consistent with best management practices of
71 the industry.
72 (7) “County,” or any like term, means a political
73 subdivision of the state established pursuant to s. 1, Art. VIII
74 of the State Constitution and, when s. 403.706(20) s.
75 403.706(19) applies, means a special district or other entity.
76 (21) “Municipality,” or any like term, means a municipality
77 created pursuant to general or special law authorized or
78 recognized pursuant to s. 2 or s. 6, Art. VIII of the State
79 Constitution and, when s. 403.706(20) s. 403.706(19) applies,
80 means a special district or other entity.
81 Section 4. Subsection (5) of section 403.7049, Florida
82 Statutes, is amended to read:
83 403.7049 Determination of full cost for solid waste
84 management; local solid waste management fees.—
85 (5) In order to assist in achieving the municipal solid
86 waste reduction goal and the recycling provisions of s.
87 403.706(3) s. 403.706(2), a county or a municipality which owns
88 or operates a solid waste management facility is hereby
89 authorized to charge solid waste disposal fees which may vary
90 based on a number of factors, including, but not limited to, the
91 amount, characteristics, and form of recyclable materials
92 present in the solid waste that is brought to the county’s or
93 the municipality’s facility for processing or disposal.
94 Section 5. Paragraph (c) of subsection (2) and subsection
95 (3) of section 403.705, Florida Statutes, are amended to read:
96 403.705 State solid waste management program.—
97 (2) The state solid waste management program shall include,
98 at a minimum:
99 (c) Planning guidelines and technical assistance to
100 counties and municipalities to aid in meeting the municipal
101 solid waste recycling goals established in s. 403.706(3) s.
102 403.706(2).
103 (3) The department shall evaluate and report biennially to
104 the President of the Senate and the Speaker of the House of
105 Representatives on the state’s success in meeting the solid
106 waste recycling goal as described in s. 403.706(3) s.
107 403.706(2).
108 Section 6. This act shall take effect July 1, 2025.