Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1609, 1st Eng.
Ì159170"Î159170
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RR/RM . Floor: RC
05/02/2025 05:35 PM . 05/02/2025 04:18 PM
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Senator Martin moved the following:
1 Senate Amendment to House Amendment (117705) to Senate
2 Amendment (with title amendment)
3
4 Delete lines 5 - 238
5 and insert:
6 Section 1. Present subsections (2) through (48) of section
7 403.703, Florida Statutes, are redesignated as sections (3)
8 through (49), respectively, a new subsection (2) is added to
9 that section, and present subsections (6), (7), (21), and (35)
10 of that section are amended, to read:
11 403.703 Definitions.—As used in this part, the term:
12 (2) “Auxiliary container” means a reusable or single-use
13 bag, cup, bottle, can, or other packaging that meets both of the
14 following requirements:
15 (a) Is made of cloth; paper; plastic, including, but not
16 limited to, foamed plastic, expanded plastic, or polystyrene;
17 cardboard; corrugated material; molded fiber; aluminum; glass;
18 postconsumer recycled material; or similar material or
19 substrates, including coated, laminated, or multilayer
20 substrates.
21 (b) Is designed for transporting, consuming, or protecting
22 merchandise, food, or beverages from or at a public food service
23 establishment as defined in s. 509.013(5), a food establishment
24 as defined in s. 500.03(1), or a retailer as defined in s.
25 212.02(13).
26 (7)(6) “Construction and demolition debris” means discarded
27 materials generally considered to be not water-soluble and
28 nonhazardous in nature, including, but not limited to, steel,
29 glass, brick, concrete, asphalt roofing material, pipe, gypsum
30 wallboard, and lumber, from the construction or destruction of a
31 structure as part of a construction or demolition project or
32 from the renovation of a structure, and includes rocks, soils,
33 tree remains, trees, and other vegetative matter that normally
34 results from land clearing or land development operations for a
35 construction project, including such debris from construction of
36 structures at a site remote from the construction or demolition
37 project site. Mixing of construction and demolition debris with
38 other types of solid waste will cause the resulting mixture to
39 be classified as other than construction and demolition debris.
40 The term also includes:
41 (a) Clean cardboard, paper, plastic, wood, and metal scraps
42 from a construction project;
43 (b) Except as provided in s. 403.707(10)(j) s.
44 403.707(9)(j), yard trash and unpainted, nontreated wood scraps
45 and wood pallets from sources other than construction or
46 demolition projects;
47 (c) Scrap from manufacturing facilities which is the type
48 of material generally used in construction projects and which
49 would meet the definition of construction and demolition debris
50 if it were generated as part of a construction or demolition
51 project. This includes debris from the construction of
52 manufactured homes and scrap shingles, wallboard, siding
53 concrete, and similar materials from industrial or commercial
54 facilities; and
55 (d) De minimis amounts of other nonhazardous wastes that
56 are generated at construction or destruction projects, provided
57 such amounts are consistent with best management practices of
58 the industry.
59 (8)(7) “County,” or any like term, means a political
60 subdivision of the state established pursuant to s. 1, Art. VIII
61 of the State Constitution and, when s. 403.706(21) s.
62 403.706(19) applies, means a special district or other entity.
63 (22)(21) “Municipality,” or any like term, means a
64 municipality created pursuant to general or special law
65 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
66 the State Constitution and, when s. 403.706(21) s. 403.706(19)
67 applies, means a special district or other entity.
68 (36)(35) “Solid waste” means sludge unregulated under the
69 federal Clean Water Act or Clean Air Act, sludge from a waste
70 treatment works, water supply treatment plant, or air pollution
71 control facility, or garbage, rubbish, refuse, special waste, or
72 other discarded material, including solid, liquid, semisolid, or
73 contained gaseous material resulting from domestic, industrial,
74 commercial, mining, agricultural, or governmental operations.
75 Recovered materials as defined in subsection (29) (28) and post
76 use polymers as defined in subsection (25) (24) are not solid
77 waste.
78 Section 2. Section 403.7033, Florida Statutes, is amended
79 to read:
80 403.7033 Preemption of regulation for auxiliary containers
81 Departmental analysis of particular recyclable materials.—The
82 Legislature finds that prudent regulation of recyclable
83 materials is crucial to the ongoing welfare of Florida’s ecology
84 and economy. As such, the Department of Environmental Protection
85 shall review and update its 2010 report on retail bags analyzing
86 the need for new or different regulation of auxiliary
87 containers, wrappings, or disposable plastic bags used by
88 consumers to carry products from retail establishments. The
89 updated report must include input from state and local
90 government agencies, stakeholders, private businesses, and
91 citizens and must evaluate the efficacy and necessity of both
92 statewide and local regulation of these materials. To ensure
93 consistent and effective implementation, the department shall
94 submit the updated report with conclusions and recommendations
95 to the Legislature no later than December 31, 2021. Until such
96 time that the Legislature adopts the recommendations of the
97 department,
98 (1) Except as provided in s. 500.90, the regulation of
99 auxiliary containers is expressly preempted to the state. A
100 local government, local governmental agency, or state
101 governmental agency may not enact or enforce any rule,
102 regulation, or ordinance regarding the use, disposition, sale,
103 prohibition, restriction, or tax of such auxiliary containers
104 unless explicitly permitted by statute.
105 (2) Rules, regulations, or ordinances restricting the use
106 of glass auxiliary containers within the boundaries of any
107 public beach are explicitly permitted.
108 (3) The Division of Recreation and Parks of the Department
109 of Environmental Protection may regulate auxiliary containers
110 within state parks consistent with its grant of authority in s.
111 258.004, wrappings, or disposable plastic bags.
112 (4) Local ordinances and restrictions authorized under s.
113 500.90 are explicitly permitted.
114 Section 3. Present subsections (2) through (23) of section
115 403.706, Florida Statutes, are redesignated as subsections (4)
116 through (25), respectively, new subsections (2) and (3) are
117 added to that section, and present subsections (4), (6), (7),
118 and (20) of that section are amended, to read:
119 403.706 Local government solid waste responsibilities.—
120 (2) A local government may not issue a construction permit
121 pursuant to this section for a new solid waste disposal facility
122 that uses an ash-producing incinerator or for a waste-to-energy
123 facility, if the proposed location of such facility is sited
124 within a 1-mile radius of any school or any property zoned for
125 residential use within that same county which has a density of
126 one or more dwelling units per acre. The 1-mile radius must be
127 measured from the stack of the facility. This subsection applies
128 only to a county as defined in s. 125.011(1).
129 (3) A county with a population of 1.7 million or greater,
130 or a municipality located in such county, may not issue a
131 construction permit pursuant to this section for the expansion
132 of any existing landfill that is located within a 1-mile radius
133 of any property zoned residential unless the following
134 requirements are met:
135 (a) A feasibility study is conducted before the permit is
136 issued that:
137 1. Identifies potential alternatives to expanding the
138 landfill, such as waste-to-energy technologies and processes
139 that reduce landfill dependence and greenhouse gas emissions
140 including, but not limited to, anaerobic digestion, plasma arc
141 technology, and mixed waste processing.
142 2. Evaluates the financial costs of using such technologies
143 and processes and the benefits of local siting and government
144 ownership.
145 3. Evaluates the technical feasibility of expansion,
146 considering engineering requirements, infrastructure needs,
147 technological advancements, and regulatory compliance.
148 4. Evaluates relevant and appropriate data and analyses,
149 such as surveys, studies, community goals and vision, and data
150 used in preparation of the comprehensive plan, from
151 professionally accepted sources.
152 5. Identifies and evaluates potential risks and challenges
153 associated with the project.
154 (b) The county or municipality holds a public meeting to
155 review and discuss the results of the feasibility study and
156 provides a rationale for expanding the landfill.
157 (6)(a)(4)(a) In order to promote the production of
158 renewable energy from solid waste, each megawatt-hour produced
159 by a renewable energy facility using solid waste as a fuel shall
160 count as 1 ton of recycled material and shall be applied toward
161 meeting the recycling goals set forth in this section. If a
162 county creating renewable energy from solid waste implements and
163 maintains a program to recycle at least 50 percent of municipal
164 solid waste by a means other than creating renewable energy,
165 that county shall count 1.25 tons of recycled material for each
166 megawatt-hour produced. If waste originates from a county other
167 than the county in which the renewable energy facility resides,
168 the originating county shall receive such recycling credit. Any
169 byproduct resulting from the creation of renewable energy that
170 is recycled shall count towards the county recycling goals in
171 accordance with the methods and criteria developed pursuant to
172 paragraph (4)(h) (2)(h).
173 (b) A county may receive credit for one-half of the
174 recycling goal set forth in subsection (4) (2) from the use of
175 yard trash, or other clean wood waste or paper waste, in
176 innovative programs including, but not limited to, programs that
177 produce alternative clean-burning fuels such as ethanol or that
178 provide for the conversion of yard trash or other clean wood
179 waste or paper waste to clean-burning fuel for the production of
180 energy for use at facilities other than a waste-to-energy
181 facility as defined in s. 403.7061. The provisions of this
182 paragraph apply only if a county can demonstrate that:
183 1. The county has implemented a yard trash mulching or
184 composting program, and
185 2. As part of the program, compost and mulch made from yard
186 trash is available to the general public and in use at county
187 owned or maintained and municipally owned or maintained
188 facilities in the county and state agencies operating in the
189 county as required by this section.
190 (c) A county with a population of 100,000 or less may
191 provide its residents with the opportunity to recycle in lieu of
192 achieving the goal set forth in this section. For the purposes
193 of this section, the “opportunity to recycle” means that the
194 county:
195 1.a. Provides a system for separating and collecting
196 recyclable materials prior to disposal that is located at a
197 solid waste management facility or solid waste disposal area; or
198 b. Provides a system of places within the county for
199 collection of source-separated recyclable materials.
200 2. Provides a public education and promotion program that
201 is conducted to inform its residents of the opportunity to
202 recycle, encourages source separation of recyclable materials,
203 and promotes the benefits of reducing, reusing, recycling, and
204 composting materials.
205 (8)(6) The department may reduce or modify the municipal
206 solid waste recycling goal that a county is required to achieve
207 pursuant to subsection (4) (2) if the county demonstrates to the
208 department that:
209 (a) The achievement of the goal set forth in subsection (4)
210 (2) would have an adverse effect on the financial obligations of
211 a county that are directly related to a waste-to-energy facility
212 owned or operated by or on behalf of the county; and
213 (b) The county cannot remove normally combustible materials
214 from solid waste that is to be processed at a waste-to-energy
215 facility because of the need to maintain a sufficient amount of
216 solid waste to ensure the financial viability of the facility.
217
218 The goal shall not be waived entirely and may only be reduced or
219 modified to the extent necessary to alleviate the adverse
220 effects of achieving the goal on the financial viability of a
221 county’s waste-to-energy facility. Nothing in this subsection
222 shall exempt a county from developing and implementing a
223 recycling program pursuant to this act.
224 (9)(7) In order to assess the progress in meeting the goal
225 set forth in subsection (4) (2), each county shall, by April 1
226 each year, provide information to the department regarding its
227 annual solid waste management program and recycling activities.
228 (a) The information submitted to the department by the
229 county must, at a minimum, include:
230 1. The amount of municipal solid waste disposed of at solid
231 waste disposal facilities, by type of waste such as yard trash,
232 white goods, clean debris, tires, and unseparated solid waste;
233 2. The amount and type of materials from the municipal
234 solid waste stream that were recycled; and
235 3. The percentage of the population participating in
236 various types of recycling activities instituted.
237 (b) Beginning with the data for the 2012 calendar year, the
238 department shall by July 1 each year post on its website the
239 recycling rates of each county for the prior calendar year.
240 (22)(20) In addition to any other penalties provided by
241 law, a local government that does not comply with the
242 requirements of subsections (4) and (6) is (2) and (4) shall not
243 be eligible for grants from the Solid Waste Management Trust
244 Fund, and the department may notify the Chief Financial Officer
245 to withhold payment of all or a portion of funds payable to the
246 local government by the department from the General Revenue Fund
247 or by the department from any other state fund, to the extent
248 not pledged to retire bonded indebtedness, unless the local
249 government demonstrates that good faith efforts to meet the
250 requirements of subsections (4) and (6) (2) and (4) have been
251 made or that the funds are being or will be used to finance the
252 correction of a pollution control problem that spans
253 jurisdictional boundaries.
254 Section 4. Present subsections (6) through (14) of section
255 403.707, Florida Statutes, are redesignated as subsections (7)
256 through (15), respectively, a new subsection (6) is added to
257 that section, and paragraph (j) of present subsection (9) of
258 that section is amended, to read:
259 403.707 Permits.—
260 (6) The department may not issue a construction permit
261 pursuant to this section for a new solid waste disposal facility
262 that uses an ash-producing incinerator or for a waste-to-energy
263 facility, if the proposed location of such facility is sited
264 within a 1-mile radius of any school or any property zoned for
265 residential use within that same county which has a density of
266 one or more dwelling units per acre. The 1-mile radius must be
267 measured from the stack of the facility. This subsection applies
268 only to a county as defined in s. 125.011(1).
269 (10)(9) The department shall establish a separate category
270 for solid waste management facilities that accept only
271 construction and demolition debris for disposal or recycling.
272 The department shall establish a reasonable schedule for
273 existing facilities to comply with this section to avoid undue
274 hardship to such facilities. However, a permitted solid waste
275 disposal unit that receives a significant amount of waste prior
276 to the compliance deadline established in this schedule shall
277 not be required to be retrofitted with liners or leachate
278 control systems.
279 (j) The Legislature recognizes that recycling, waste
280 reduction, and resource recovery are important aspects of an
281 integrated solid waste management program and as such are
282 necessary to protect the public health and the environment. If
283 necessary to promote such an integrated program, the county may
284 determine, after providing notice and an opportunity for a
285 hearing prior to April 30, 2008, that some or all of the
286 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
287 excluded from the definition of “construction and demolition
288 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
289 of such county. The county may make such a determination only if
290 it finds that, prior to June 1, 2007, the county has established
291 an adequate method for the use or recycling of such wood
292 material at an existing or proposed solid waste management
293 facility that is permitted or authorized by the department on
294 June 1, 2007. The county is not required to hold a hearing if
295 the county represents that it previously has held a hearing for
296 such purpose, or if the county represents that it previously has
297 held a public meeting or hearing that authorized such method for
298 the use or recycling of trash or other nonputrescible waste
299 materials and that such materials include those materials
300 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
301 provide written notice of its determination to the department by
302 no later than April 30, 2008; thereafter, the materials
303 described in s. 403.703(7) s. 403.703(6) shall be excluded from
304 the definition of “construction and demolition debris” in s.
305 403.703(7) s. 403.703(6) within the jurisdiction of such county.
306 The county may withdraw or revoke its determination at any time
307 by providing written notice to the department.
308 Section 5. Subsection (5) of section 403.7049, Florida
309 Statutes, is amended to read:
310 403.7049 Determination of full cost for solid waste
311 management; local solid waste management fees.—
312 (5) In order to assist in achieving the municipal solid
313 waste reduction goal and the recycling provisions of s.
314 403.706(4) s. 403.706(2), a county or a municipality which owns
315 or operates a solid waste management facility is hereby
316 authorized to charge solid waste disposal fees which may vary
317 based on a number of factors, including, but not limited to, the
318 amount, characteristics, and form of recyclable materials
319 present in the solid waste that is brought to the county’s or
320 the municipality’s facility for processing or disposal.
321 Section 6. Paragraph (c) of subsection (2) and subsection
322 (3) of section 403.705, Florida Statutes, are amended to read:
323 403.705 State solid waste management program.—
324 (2) The state solid waste management program shall include,
325 at a minimum:
326 (c) Planning guidelines and technical assistance to
327 counties and municipalities to aid in meeting the municipal
328 solid waste recycling goals established in s. 403.706(4) s.
329 403.706(2).
330 (3) The department shall evaluate and report biennially to
331 the President of the Senate and the Speaker of the House of
332 Representatives on the state’s success in meeting the solid
333 waste recycling goal as described in s. 403.706(4) s.
334 403.706(2).
335 Section 7. This act shall take effect July 1, 2025.
336
337
338 ================= T I T L E A M E N D M E N T ================
339 And the title is amended as follows:
340 Delete lines 243 - 262
341 and insert:
342 An act relating to waste management; amending s.
343 403.703, F.S.; defining the term “auxiliary
344 container”; conforming cross-references; amending s.
345 403.7033, F.S.; deleting obsolete provisions that
346 provide legislative findings and require the
347 Department of Environmental Protection to review and
348 update a specified report; preempting the regulation
349 of auxiliary containers to the state; permitting
350 rules, regulations, or ordinances restricting the use
351 of glass auxiliary containers within the boundaries of
352 a public beach; authorizing the Division of Recreation
353 and Parks to regulate auxiliary containers within
354 state parks; expressly authorizing certain local
355 ordinances; amending s. 403.706, F.S.; prohibiting a
356 local government from issuing a construction permit
357 for certain solid waste disposal facilities in certain
358 counties; providing applicability; prohibiting a local
359 government meeting certain criteria from issuing a
360 permit for the expansion of certain existing landfills
361 unless a feasibility study is conducted; specifying
362 requirements for the feasibility study; requiring such
363 local government to review and discuss at a certain
364 meeting the results of the feasibility study and
365 provide a rationale for expanding the landfill;
366 amending s. 403.707, F.S.; prohibiting the Department
367 of Environmental Protection from issuing a
368 construction permit for certain solid waste disposal
369 facilities in certain counties; providing
370 applicability; conforming a provision to changes made
371 by the act; conforming cross-references; amending ss.
372 403.7049 and 403.705, F.S.; conforming cross
373 references; providing an effective date.