Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1609, 1st Eng.
Ì413632~Î413632
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R . Floor: CA
04/29/2025 04:28 PM . 05/01/2025 05:09 PM
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Senator Martin moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (2) through (48) of section
6 403.703, Florida Statutes, are redesignated as sections (3)
7 through (49), respectively, a new subsection (2) is added to
8 that section, and present subsections (6), (7), (21), and (35)
9 of that section are amended, to read:
10 403.703 Definitions.—As used in this part, the term:
11 (2) “Auxiliary container” means a reusable or single-use
12 bag, cup, bottle, can, or other packaging that meets both of the
13 following requirements:
14 (a) Is made of cloth; paper; plastic, including, but not
15 limited to, foamed plastic, expanded plastic, or polystyrene;
16 cardboard; corrugated material; molded fiber; aluminum; glass;
17 postconsumer recycled material; or similar material or
18 substrates, including coated, laminated, or multilayer
19 substrates.
20 (b) Is designed for transporting, consuming, or protecting
21 merchandise, food, or beverages from or at a public food service
22 establishment as defined in s. 509.013(5), a food establishment
23 as defined in s. 500.03(1), or a retailer as defined in s.
24 212.02(13).
25 (7)(6) “Construction and demolition debris” means discarded
26 materials generally considered to be not water-soluble and
27 nonhazardous in nature, including, but not limited to, steel,
28 glass, brick, concrete, asphalt roofing material, pipe, gypsum
29 wallboard, and lumber, from the construction or destruction of a
30 structure as part of a construction or demolition project or
31 from the renovation of a structure, and includes rocks, soils,
32 tree remains, trees, and other vegetative matter that normally
33 results from land clearing or land development operations for a
34 construction project, including such debris from construction of
35 structures at a site remote from the construction or demolition
36 project site. Mixing of construction and demolition debris with
37 other types of solid waste will cause the resulting mixture to
38 be classified as other than construction and demolition debris.
39 The term also includes:
40 (a) Clean cardboard, paper, plastic, wood, and metal scraps
41 from a construction project;
42 (b) Except as provided in s. 403.707(10)(j) s.
43 403.707(9)(j), yard trash and unpainted, nontreated wood scraps
44 and wood pallets from sources other than construction or
45 demolition projects;
46 (c) Scrap from manufacturing facilities which is the type
47 of material generally used in construction projects and which
48 would meet the definition of construction and demolition debris
49 if it were generated as part of a construction or demolition
50 project. This includes debris from the construction of
51 manufactured homes and scrap shingles, wallboard, siding
52 concrete, and similar materials from industrial or commercial
53 facilities; and
54 (d) De minimis amounts of other nonhazardous wastes that
55 are generated at construction or destruction projects, provided
56 such amounts are consistent with best management practices of
57 the industry.
58 (8)(7) “County,” or any like term, means a political
59 subdivision of the state established pursuant to s. 1, Art. VIII
60 of the State Constitution and, when s. 403.706(21) s.
61 403.706(19) applies, means a special district or other entity.
62 (22)(21) “Municipality,” or any like term, means a
63 municipality created pursuant to general or special law
64 authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of
65 the State Constitution and, when s. 403.706(21) s. 403.706(19)
66 applies, means a special district or other entity.
67 (36)(35) “Solid waste” means sludge unregulated under the
68 federal Clean Water Act or Clean Air Act, sludge from a waste
69 treatment works, water supply treatment plant, or air pollution
70 control facility, or garbage, rubbish, refuse, special waste, or
71 other discarded material, including solid, liquid, semisolid, or
72 contained gaseous material resulting from domestic, industrial,
73 commercial, mining, agricultural, or governmental operations.
74 Recovered materials as defined in subsection (29) (28) and post
75 use polymers as defined in subsection (25) (24) are not solid
76 waste.
77 Section 2. Section 403.7033, Florida Statutes, is amended
78 to read:
79 403.7033 Preemption of regulation for auxiliary containers
80 Departmental analysis of particular recyclable materials.—The
81 Legislature finds that prudent regulation of recyclable
82 materials is crucial to the ongoing welfare of Florida’s ecology
83 and economy. As such, the Department of Environmental Protection
84 shall review and update its 2010 report on retail bags analyzing
85 the need for new or different regulation of auxiliary
86 containers, wrappings, or disposable plastic bags used by
87 consumers to carry products from retail establishments. The
88 updated report must include input from state and local
89 government agencies, stakeholders, private businesses, and
90 citizens and must evaluate the efficacy and necessity of both
91 statewide and local regulation of these materials. To ensure
92 consistent and effective implementation, the department shall
93 submit the updated report with conclusions and recommendations
94 to the Legislature no later than December 31, 2021. Until such
95 time that the Legislature adopts the recommendations of the
96 department,
97 (1) The regulation of auxiliary containers is expressly
98 preempted to the state. A local government, local governmental
99 agency, or state governmental agency may not enact or enforce
100 any rule, regulation, or ordinance regarding the use,
101 disposition, sale, prohibition, restriction, or tax of such
102 auxiliary containers unless explicitly permitted by statute.
103 (2) Rules, regulations, or ordinances restricting the use
104 of glass auxiliary containers within the boundaries of any
105 public beach are explicitly permitted.
106 (3) The Division of Recreation and Parks of the Department
107 of Environmental Protection may regulate auxiliary containers
108 within state parks consistent with its grant of authority in s.
109 258.004, wrappings, or disposable plastic bags.
110 Section 3. Present subsections (2) through (23) of section
111 403.706, Florida Statutes, are redesignated as subsections (4)
112 through (25), respectively, new subsections (2) and (3) are
113 added to that section, and present subsections (4), (6), (7),
114 and (20) of that section are amended, to read:
115 403.706 Local government solid waste responsibilities.—
116 (2) A local government may not issue a construction permit
117 pursuant to this section for a new solid waste disposal facility
118 that uses an ash-producing incinerator or for a waste-to-energy
119 facility, if the proposed location of such facility is sited
120 within a 1-mile radius of any school or any property zoned for
121 residential use within that same county which has a density of
122 one or more dwelling units per acre. The 1-mile radius must be
123 measured from the stack of the facility. This subsection applies
124 only to a county as defined in s. 125.011(1).
125 (3) A local government may not issue a construction permit
126 pursuant to this section for the expansion of any existing
127 landfill that was permitted on or before December 2, 1970, the
128 date on which the United States Environmental Protection Agency
129 was established, and that is located within a 1-mile radius of
130 any property zoned residential unless the entirety of the site
131 is remediated and compliant with the department’s environmental
132 standards.
133 (a) A feasibility study must be conducted before the
134 issuance of a permit to expand the existing landfill. The
135 feasibility study must do all of the following:
136 1. Identify potential waste-to-energy technologies and
137 processes that reduce landfill dependence and greenhouse gas
138 emissions including, but not limited to, anaerobic digestion,
139 plasma arc technology, and mixed waste processing.
140 2. Evaluate the financial costs of using such technologies
141 and processes and the benefits of local siting and government
142 ownership.
143 3. Evaluate the technical feasibility of expansion,
144 considering engineering requirements, infrastructure needs,
145 technological advancements, and regulatory compliance.
146 4. Evaluate relevant and appropriate data and analyses,
147 such as surveys, studies, community goals and vision, and data
148 used in preparation of the comprehensive plan, from
149 professionally accepted sources.
150 5. Identify and evaluate potential risks and challenges
151 associated with the project.
152 (b) The local government shall review and discuss in a
153 public meeting the results of the feasibility study and provide
154 a rationale for expanding the landfill.
155 (6)(a)(4)(a) In order to promote the production of
156 renewable energy from solid waste, each megawatt-hour produced
157 by a renewable energy facility using solid waste as a fuel shall
158 count as 1 ton of recycled material and shall be applied toward
159 meeting the recycling goals set forth in this section. If a
160 county creating renewable energy from solid waste implements and
161 maintains a program to recycle at least 50 percent of municipal
162 solid waste by a means other than creating renewable energy,
163 that county shall count 1.25 tons of recycled material for each
164 megawatt-hour produced. If waste originates from a county other
165 than the county in which the renewable energy facility resides,
166 the originating county shall receive such recycling credit. Any
167 byproduct resulting from the creation of renewable energy that
168 is recycled shall count towards the county recycling goals in
169 accordance with the methods and criteria developed pursuant to
170 paragraph (4)(h) (2)(h).
171 (b) A county may receive credit for one-half of the
172 recycling goal set forth in subsection (4) (2) from the use of
173 yard trash, or other clean wood waste or paper waste, in
174 innovative programs including, but not limited to, programs that
175 produce alternative clean-burning fuels such as ethanol or that
176 provide for the conversion of yard trash or other clean wood
177 waste or paper waste to clean-burning fuel for the production of
178 energy for use at facilities other than a waste-to-energy
179 facility as defined in s. 403.7061. The provisions of this
180 paragraph apply only if a county can demonstrate that:
181 1. The county has implemented a yard trash mulching or
182 composting program, and
183 2. As part of the program, compost and mulch made from yard
184 trash is available to the general public and in use at county
185 owned or maintained and municipally owned or maintained
186 facilities in the county and state agencies operating in the
187 county as required by this section.
188 (c) A county with a population of 100,000 or less may
189 provide its residents with the opportunity to recycle in lieu of
190 achieving the goal set forth in this section. For the purposes
191 of this section, the “opportunity to recycle” means that the
192 county:
193 1.a. Provides a system for separating and collecting
194 recyclable materials prior to disposal that is located at a
195 solid waste management facility or solid waste disposal area; or
196 b. Provides a system of places within the county for
197 collection of source-separated recyclable materials.
198 2. Provides a public education and promotion program that
199 is conducted to inform its residents of the opportunity to
200 recycle, encourages source separation of recyclable materials,
201 and promotes the benefits of reducing, reusing, recycling, and
202 composting materials.
203 (8)(6) The department may reduce or modify the municipal
204 solid waste recycling goal that a county is required to achieve
205 pursuant to subsection (4) (2) if the county demonstrates to the
206 department that:
207 (a) The achievement of the goal set forth in subsection (4)
208 (2) would have an adverse effect on the financial obligations of
209 a county that are directly related to a waste-to-energy facility
210 owned or operated by or on behalf of the county; and
211 (b) The county cannot remove normally combustible materials
212 from solid waste that is to be processed at a waste-to-energy
213 facility because of the need to maintain a sufficient amount of
214 solid waste to ensure the financial viability of the facility.
215
216 The goal shall not be waived entirely and may only be reduced or
217 modified to the extent necessary to alleviate the adverse
218 effects of achieving the goal on the financial viability of a
219 county’s waste-to-energy facility. Nothing in this subsection
220 shall exempt a county from developing and implementing a
221 recycling program pursuant to this act.
222 (9)(7) In order to assess the progress in meeting the goal
223 set forth in subsection (4) (2), each county shall, by April 1
224 each year, provide information to the department regarding its
225 annual solid waste management program and recycling activities.
226 (a) The information submitted to the department by the
227 county must, at a minimum, include:
228 1. The amount of municipal solid waste disposed of at solid
229 waste disposal facilities, by type of waste such as yard trash,
230 white goods, clean debris, tires, and unseparated solid waste;
231 2. The amount and type of materials from the municipal
232 solid waste stream that were recycled; and
233 3. The percentage of the population participating in
234 various types of recycling activities instituted.
235 (b) Beginning with the data for the 2012 calendar year, the
236 department shall by July 1 each year post on its website the
237 recycling rates of each county for the prior calendar year.
238 (22)(20) In addition to any other penalties provided by
239 law, a local government that does not comply with the
240 requirements of subsections (4) and (6) is (2) and (4) shall not
241 be eligible for grants from the Solid Waste Management Trust
242 Fund, and the department may notify the Chief Financial Officer
243 to withhold payment of all or a portion of funds payable to the
244 local government by the department from the General Revenue Fund
245 or by the department from any other state fund, to the extent
246 not pledged to retire bonded indebtedness, unless the local
247 government demonstrates that good faith efforts to meet the
248 requirements of subsections (4) and (6) (2) and (4) have been
249 made or that the funds are being or will be used to finance the
250 correction of a pollution control problem that spans
251 jurisdictional boundaries.
252 Section 4. Present subsections (6) through (14) of section
253 403.707, Florida Statutes, are redesignated as subsections (8)
254 through (16), respectively, new subsections (6) and (7) are
255 added to that section, and paragraph (j) of present subsection
256 (9) of that section is amended, to read:
257 403.707 Permits.—
258 (6) The department may not issue a construction permit
259 pursuant to this section for a new solid waste disposal facility
260 that uses an ash-producing incinerator or for a waste-to-energy
261 facility, if the proposed location of such facility is sited
262 within a 1-mile radius of any school or any property zoned for
263 residential use within that same county which has a density of
264 one or more dwelling units per acre. The 1-mile radius must be
265 measured from the stack of the facility. This subsection applies
266 only to a county as defined in s. 125.011(1).
267 (7) The department may not issue a construction permit
268 pursuant to this section for the expansion of any existing
269 landfill that was permitted on or before December 2, 1970, the
270 date on which the United States Environmental Protection Agency
271 was established, and that is located within a 1-mile radius of
272 any property zoned residential unless the entirety of the site
273 is remediated and compliant with the department’s environmental
274 standards.
275 (a) A feasibility study must be conducted before the
276 issuance of a permit to expand the existing landfill. The
277 feasibility study must do all of the following:
278 1. Identify potential waste-to-energy technologies and
279 processes that reduce landfill dependence and greenhouse gas
280 emissions including, but not limited to, anaerobic digestion,
281 plasma arc technology, and mixed waste processing.
282 2. Evaluate the financial costs of such technologies and
283 processes and the benefits of local siting and government
284 ownership.
285 3. Evaluate the technical feasibility of expansion,
286 considering engineering requirements, infrastructure needs,
287 technological advancements, and regulatory compliance.
288 4. Evaluate relevant and appropriate data and analyses,
289 such as surveys, studies, community goals and vision, and data
290 used in preparation of the comprehensive plan, from
291 professionally accepted sources.
292 5. Identify and evaluate potential risks and challenges
293 associated with the project.
294 (b) The department shall review and discuss in a public
295 meeting the results of the feasibility study and provide a
296 rationale for expanding the landfill.
297 (11)(9) The department shall establish a separate category
298 for solid waste management facilities that accept only
299 construction and demolition debris for disposal or recycling.
300 The department shall establish a reasonable schedule for
301 existing facilities to comply with this section to avoid undue
302 hardship to such facilities. However, a permitted solid waste
303 disposal unit that receives a significant amount of waste prior
304 to the compliance deadline established in this schedule shall
305 not be required to be retrofitted with liners or leachate
306 control systems.
307 (j) The Legislature recognizes that recycling, waste
308 reduction, and resource recovery are important aspects of an
309 integrated solid waste management program and as such are
310 necessary to protect the public health and the environment. If
311 necessary to promote such an integrated program, the county may
312 determine, after providing notice and an opportunity for a
313 hearing prior to April 30, 2008, that some or all of the
314 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
315 excluded from the definition of “construction and demolition
316 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
317 of such county. The county may make such a determination only if
318 it finds that, prior to June 1, 2007, the county has established
319 an adequate method for the use or recycling of such wood
320 material at an existing or proposed solid waste management
321 facility that is permitted or authorized by the department on
322 June 1, 2007. The county is not required to hold a hearing if
323 the county represents that it previously has held a hearing for
324 such purpose, or if the county represents that it previously has
325 held a public meeting or hearing that authorized such method for
326 the use or recycling of trash or other nonputrescible waste
327 materials and that such materials include those materials
328 described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
329 provide written notice of its determination to the department by
330 no later than April 30, 2008; thereafter, the materials
331 described in s. 403.703(7) s. 403.703(6) shall be excluded from
332 the definition of “construction and demolition debris” in s.
333 403.703(7) s. 403.703(6) within the jurisdiction of such county.
334 The county may withdraw or revoke its determination at any time
335 by providing written notice to the department.
336 Section 5. Subsection (5) of section 403.7049, Florida
337 Statutes, is amended to read:
338 403.7049 Determination of full cost for solid waste
339 management; local solid waste management fees.—
340 (5) In order to assist in achieving the municipal solid
341 waste reduction goal and the recycling provisions of s.
342 403.706(4) s. 403.706(2), a county or a municipality which owns
343 or operates a solid waste management facility is hereby
344 authorized to charge solid waste disposal fees which may vary
345 based on a number of factors, including, but not limited to, the
346 amount, characteristics, and form of recyclable materials
347 present in the solid waste that is brought to the county’s or
348 the municipality’s facility for processing or disposal.
349 Section 6. Paragraph (c) of subsection (2) and subsection
350 (3) of section 403.705, Florida Statutes, are amended to read:
351 403.705 State solid waste management program.—
352 (2) The state solid waste management program shall include,
353 at a minimum:
354 (c) Planning guidelines and technical assistance to
355 counties and municipalities to aid in meeting the municipal
356 solid waste recycling goals established in s. 403.706(4) s.
357 403.706(2).
358 (3) The department shall evaluate and report biennially to
359 the President of the Senate and the Speaker of the House of
360 Representatives on the state’s success in meeting the solid
361 waste recycling goal as described in s. 403.706(4) s.
362 403.706(2).
363 Section 7. This act shall take effect July 1, 2025.
364
365 ================= T I T L E A M E N D M E N T ================
366 And the title is amended as follows:
367 Delete everything before the enacting clause
368 and insert:
369 A bill to be entitled
370 An act relating to waste management; amending s.
371 403.703, F.S.; defining the term “auxiliary
372 container”; conforming cross-references; amending s.
373 403.7033, F.S.; deleting obsolete provisions that
374 provide legislative findings and require the
375 Department of Environmental Protection to review and
376 update a specified report; preempting the regulation
377 of auxiliary containers to the state; permitting
378 rules, regulations, or ordinances restricting the use
379 of glass auxiliary containers within the boundaries of
380 a public beach; authorizing the Division of Recreation
381 and Parks to regulate auxiliary containers within
382 state parks; amending s. 403.706, F.S.; prohibiting a
383 local government from issuing a construction permit
384 for certain solid waste disposal facilities in certain
385 counties; providing applicability; prohibiting a local
386 government from issuing a permit for the expansion of
387 certain existing landfills unless a feasibility study
388 is conducted; specifying requirements for the
389 feasibility study; requiring the local government to
390 review and discuss at a certain meeting the results of
391 the feasibility study and provide a rationale for
392 expanding the landfill; amending s. 403.707, F.S.;
393 prohibiting the Department of Environmental Protection
394 from issuing a construction permit for certain solid
395 waste disposal facilities in certain counties;
396 providing applicability; prohibiting the department
397 from issuing a permit for the expansion of certain
398 existing landfills unless a feasibility study is
399 conducted; specifying requirements for the feasibility
400 study; requiring the department to review and discuss
401 at a certain meeting the results of the feasibility
402 study and provide a rationale for expanding the
403 landfill; conforming a provision to changes made by
404 the act; conforming cross-references; amending ss.
405 403.7049 and 403.705, F.S.; conforming cross
406 references; providing an effective date.