Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1609, 1st Eng.
Ì1975348Î197534
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/29/2025 12:27 PM .
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Senator Martin moved the following:
1 Senate Amendment to Amendment (397706) (with title
2 amendment)
3
4 Delete lines 60 - 301
5 and insert:
6 of the State Constitution and, when s. 403.706(21) s.
7 403.706(19) applies, means a special district or other entity.
8 (22)(21) “Municipality,” or any like term, means a
9 municipality created pursuant to general or special law
10 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
11 the State Constitution and, when s. 403.706(21) s. 403.706(19)
12 applies, means a special district or other entity.
13 (36)(35) “Solid waste” means sludge unregulated under the
14 federal Clean Water Act or Clean Air Act, sludge from a waste
15 treatment works, water supply treatment plant, or air pollution
16 control facility, or garbage, rubbish, refuse, special waste, or
17 other discarded material, including solid, liquid, semisolid, or
18 contained gaseous material resulting from domestic, industrial,
19 commercial, mining, agricultural, or governmental operations.
20 Recovered materials as defined in subsection (29) (28) and post
21 use polymers as defined in subsection (25) (24) are not solid
22 waste.
23 Section 2. Section 403.7033, Florida Statutes, is amended
24 to read:
25 403.7033 Preemption of regulation for auxiliary containers
26 Departmental analysis of particular recyclable materials.—The
27 Legislature finds that prudent regulation of recyclable
28 materials is crucial to the ongoing welfare of Florida’s ecology
29 and economy. As such, the Department of Environmental Protection
30 shall review and update its 2010 report on retail bags analyzing
31 the need for new or different regulation of auxiliary
32 containers, wrappings, or disposable plastic bags used by
33 consumers to carry products from retail establishments. The
34 updated report must include input from state and local
35 government agencies, stakeholders, private businesses, and
36 citizens and must evaluate the efficacy and necessity of both
37 statewide and local regulation of these materials. To ensure
38 consistent and effective implementation, the department shall
39 submit the updated report with conclusions and recommendations
40 to the Legislature no later than December 31, 2021. Until such
41 time that the Legislature adopts the recommendations of the
42 department,
43 (1) The regulation of auxiliary containers is expressly
44 preempted to the state. A local government, local governmental
45 agency, or state governmental agency may not enact or enforce
46 any rule, regulation, or ordinance regarding the use,
47 disposition, sale, prohibition, restriction, or tax of such
48 auxiliary containers unless explicitly permitted by statute.
49 (2) Rules, regulations, or ordinances restricting the use
50 of glass auxiliary containers within the boundaries of any
51 public beach are explicitly permitted.
52 (3) The Division of Recreation and Parks of the Department
53 of Environmental Protection may regulate auxiliary containers
54 within state parks consistent with its grant of authority in s.
55 258.004, wrappings, or disposable plastic bags.
56 Section 3. Present subsections (2) through (23) of section
57 403.706, Florida Statutes, are redesignated as subsections (4)
58 through (25), respectively, new subsections (2) and (3) are
59 added to that section, and present subsections (4), (6), (7),
60 and (20) of that section are amended, to read:
61 403.706 Local government solid waste responsibilities.—
62 (2) A local government may not issue a construction permit
63 pursuant to this section for a new solid waste disposal facility
64 that uses an ash-producing incinerator or for a waste-to-energy
65 facility, if the proposed location of such facility is sited
66 within a 1-mile radius of any school or any property zoned for
67 residential use within that same county which has a density of
68 one or more dwelling units per acre. The 1-mile radius must be
69 measured from the stack of the facility. This subsection applies
70 only to a county as defined in s. 125.011(1).
71 (3) A local government may not issue a construction permit
72 pursuant to this section for the expansion of any existing
73 landfill that is located within a 1-mile radius of any property
74 zoned residential unless a feasibility study is conducted before
75 issuance of the permit.
76 (a) The feasibility study must:
77 1. Identify potential alternatives to expanding the
78 landfill, such as waste-to-energy technologies and processes
79 that could be used to reduce greenhouse gas emissions and
80 dependence on the landfill, including, but not limited to,
81 anaerobic digestion, plasma arc technology, and mixed waste
82 processing.
83 2. Evaluate the financial costs of using such technologies
84 and processes and the benefits of local siting and government
85 ownership.
86 3. Evaluate the technical feasibility of expansion,
87 considering engineering requirements, infrastructure needs,
88 technological advancements, and regulatory compliance.
89 4. Evaluate relevant and appropriate data and analyses,
90 such as surveys, studies, community goals and vision, and data
91 utilized in preparation of the comprehensive plan, from
92 professionally accepted sources.
93 5. Identify and evaluate potential risks and challenges
94 associated with the project.
95 (b) The local government must review and discuss the
96 results of the feasibility study and provide rationale in a
97 public meeting for the necessity of the expansion.
98 (6)(a)(4)(a) In order to promote the production of
99 renewable energy from solid waste, each megawatt-hour produced
100 by a renewable energy facility using solid waste as a fuel shall
101 count as 1 ton of recycled material and shall be applied toward
102 meeting the recycling goals set forth in this section. If a
103 county creating renewable energy from solid waste implements and
104 maintains a program to recycle at least 50 percent of municipal
105 solid waste by a means other than creating renewable energy,
106 that county shall count 1.25 tons of recycled material for each
107 megawatt-hour produced. If waste originates from a county other
108 than the county in which the renewable energy facility resides,
109 the originating county shall receive such recycling credit. Any
110 byproduct resulting from the creation of renewable energy that
111 is recycled shall count towards the county recycling goals in
112 accordance with the methods and criteria developed pursuant to
113 paragraph (4)(h) (2)(h).
114 (b) A county may receive credit for one-half of the
115 recycling goal set forth in subsection (4) (2) from the use of
116 yard trash, or other clean wood waste or paper waste, in
117 innovative programs including, but not limited to, programs that
118 produce alternative clean-burning fuels such as ethanol or that
119 provide for the conversion of yard trash or other clean wood
120 waste or paper waste to clean-burning fuel for the production of
121 energy for use at facilities other than a waste-to-energy
122 facility as defined in s. 403.7061. The provisions of this
123 paragraph apply only if a county can demonstrate that:
124 1. The county has implemented a yard trash mulching or
125 composting program, and
126 2. As part of the program, compost and mulch made from yard
127 trash is available to the general public and in use at county
128 owned or maintained and municipally owned or maintained
129 facilities in the county and state agencies operating in the
130 county as required by this section.
131 (c) A county with a population of 100,000 or less may
132 provide its residents with the opportunity to recycle in lieu of
133 achieving the goal set forth in this section. For the purposes
134 of this section, the “opportunity to recycle” means that the
135 county:
136 1.a. Provides a system for separating and collecting
137 recyclable materials prior to disposal that is located at a
138 solid waste management facility or solid waste disposal area; or
139 b. Provides a system of places within the county for
140 collection of source-separated recyclable materials.
141 2. Provides a public education and promotion program that
142 is conducted to inform its residents of the opportunity to
143 recycle, encourages source separation of recyclable materials,
144 and promotes the benefits of reducing, reusing, recycling, and
145 composting materials.
146 (8)(6) The department may reduce or modify the municipal
147 solid waste recycling goal that a county is required to achieve
148 pursuant to subsection (4) (2) if the county demonstrates to the
149 department that:
150 (a) The achievement of the goal set forth in subsection (4)
151 (2) would have an adverse effect on the financial obligations of
152 a county that are directly related to a waste-to-energy facility
153 owned or operated by or on behalf of the county; and
154 (b) The county cannot remove normally combustible materials
155 from solid waste that is to be processed at a waste-to-energy
156 facility because of the need to maintain a sufficient amount of
157 solid waste to ensure the financial viability of the facility.
158
159 The goal shall not be waived entirely and may only be reduced or
160 modified to the extent necessary to alleviate the adverse
161 effects of achieving the goal on the financial viability of a
162 county’s waste-to-energy facility. Nothing in this subsection
163 shall exempt a county from developing and implementing a
164 recycling program pursuant to this act.
165 (9)(7) In order to assess the progress in meeting the goal
166 set forth in subsection (4) (2), each county shall, by April 1
167 each year, provide information to the department regarding its
168 annual solid waste management program and recycling activities.
169 (a) The information submitted to the department by the
170 county must, at a minimum, include:
171 1. The amount of municipal solid waste disposed of at solid
172 waste disposal facilities, by type of waste such as yard trash,
173 white goods, clean debris, tires, and unseparated solid waste;
174 2. The amount and type of materials from the municipal
175 solid waste stream that were recycled; and
176 3. The percentage of the population participating in
177 various types of recycling activities instituted.
178 (b) Beginning with the data for the 2012 calendar year, the
179 department shall by July 1 each year post on its website the
180 recycling rates of each county for the prior calendar year.
181 (22)(20) In addition to any other penalties provided by
182 law, a local government that does not comply with the
183 requirements of subsections (4) and (6) is (2) and (4) shall not
184 be eligible for grants from the Solid Waste Management Trust
185 Fund, and the department may notify the Chief Financial Officer
186 to withhold payment of all or a portion of funds payable to the
187 local government by the department from the General Revenue Fund
188 or by the department from any other state fund, to the extent
189 not pledged to retire bonded indebtedness, unless the local
190 government demonstrates that good faith efforts to meet the
191 requirements of subsections (4) and (6) (2) and (4) have been
192 made or that the funds are being or will be used to finance the
193 correction of a pollution control problem that spans
194 jurisdictional boundaries.
195 Section 4. Present subsections (6) through (14) of section
196 403.707, Florida Statutes, are redesignated as subsections (7)
197 through (15), respectively, a new subsection (6) is added to
198 that section, and paragraph (j) of present subsection (9) of
199 that section is amended, to read:
200 403.707 Permits.—
201 (6) The department may not issue a construction permit
202 pursuant to this section for a new solid waste disposal facility
203 that uses an ash-producing incinerator or for a waste-to-energy
204 facility, if the proposed location of such facility is sited
205 within a 1-mile radius of any school or any property zoned for
206 residential use within that same county which has a density of
207 one or more dwelling units per acre. The 1-mile radius must be
208 measured from the stack of the facility. This subsection applies
209 only to a county as defined in s. 125.011(1).
210 (10)(9) The department shall establish a separate category
211 for solid waste management facilities that accept only
212 construction and demolition debris for disposal or recycling.
213 The department shall establish a reasonable schedule for
214 existing facilities to comply with this section to avoid undue
215 hardship to such facilities. However, a permitted solid waste
216 disposal unit that receives a significant amount of waste prior
217 to the compliance deadline established in this schedule shall
218 not be required to be retrofitted with liners or leachate
219 control systems.
220 (j) The Legislature recognizes that recycling, waste
221 reduction, and resource recovery are important aspects of an
222 integrated solid waste management program and as such are
223 necessary to protect the public health and the environment. If
224 necessary to promote such an integrated program, the county may
225 determine, after providing notice and an opportunity for a
226 hearing prior to April 30, 2008, that some or all of the
227 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
228 excluded from the definition of “construction and demolition
229 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
230 of such county. The county may make such a determination only if
231 it finds that, prior to June 1, 2007, the county has established
232 an adequate method for the use or recycling of such wood
233 material at an existing or proposed solid waste management
234 facility that is permitted or authorized by the department on
235 June 1, 2007. The county is not required to hold a hearing if
236 the county represents that it previously has held a hearing for
237 such purpose, or if the county represents that it previously has
238 held a public meeting or hearing that authorized such method for
239 the use or recycling of trash or other nonputrescible waste
240 materials and that such materials include those materials
241 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
242 provide written notice of its determination to the department by
243 no later than April 30, 2008; thereafter, the materials
244 described in s. 403.703(7) s. 403.703(6) shall be excluded from
245 the definition of “construction and demolition debris” in s.
246 403.703(7) s. 403.703(6) within the jurisdiction of such county.
247 The county may withdraw or revoke its determination at any time
248 by providing written notice to the department.
249 Section 5. Subsection (5) of section 403.7049, Florida
250 Statutes, is amended to read:
251 403.7049 Determination of full cost for solid waste
252 management; local solid waste management fees.—
253 (5) In order to assist in achieving the municipal solid
254 waste reduction goal and the recycling provisions of s.
255 403.706(4) s. 403.706(2), a county or a municipality which owns
256 or operates a solid waste management facility is hereby
257 authorized to charge solid waste disposal fees which may vary
258 based on a number of factors, including, but not limited to, the
259 amount, characteristics, and form of recyclable materials
260 present in the solid waste that is brought to the county’s or
261 the municipality’s facility for processing or disposal.
262 Section 6. Paragraph (c) of subsection (2) and subsection
263 (3) of section 403.705, Florida Statutes, are amended to read:
264 403.705 State solid waste management program.—
265 (2) The state solid waste management program shall include,
266 at a minimum:
267 (c) Planning guidelines and technical assistance to
268 counties and municipalities to aid in meeting the municipal
269 solid waste recycling goals established in s. 403.706(4) s.
270 403.706(2).
271 (3) The department shall evaluate and report biennially to
272 the President of the Senate and the Speaker of the House of
273 Representatives on the state’s success in meeting the solid
274 waste recycling goal as described in s. 403.706(4) s.
275
276 ================= T I T L E A M E N D M E N T ================
277 And the title is amended as follows:
278 Delete lines 322 - 324
279 and insert:
280 state parks; amending s. 403.706, F.S.; prohibiting a
281 local government from issuing a construction permit
282 for certain solid waste disposal facilities in certain
283 counties; providing applicability; prohibiting a local
284 government from issuing a permit for the expansion of
285 certain existing landfills unless a feasibility study
286 is conducted; specifying requirements for the
287 feasibility study; requiring the local government to
288 review and discuss at a certain meeting the results of
289 the feasibility study and provide a rationale for
290 expanding the landfill; amending s. 403.707, F.S.;
291 prohibiting the Department of Environmental Protection
292 from issuing a