Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1609, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/25/2025 01:31 PM .
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Senator Martin moved the following:
1 Senate Amendment
2
3 Delete lines 25 - 143
4 and insert:
5 within a 1-mile radius of any school or any property zoned for
6 residential use within that same county which has a density of
7 one or more dwelling units per acre. The 1-mile radius must be
8 measured from the stack of the facility. This subsection applies
9 only to a county as defined in s. 125.011(1).
10 (5)(4)(a) In order to promote the production of renewable
11 energy from solid waste, each megawatt-hour produced by a
12 renewable energy facility using solid waste as a fuel shall
13 count as 1 ton of recycled material and shall be applied toward
14 meeting the recycling goals set forth in this section. If a
15 county creating renewable energy from solid waste implements and
16 maintains a program to recycle at least 50 percent of municipal
17 solid waste by a means other than creating renewable energy,
18 that county shall count 1.25 tons of recycled material for each
19 megawatt-hour produced. If waste originates from a county other
20 than the county in which the renewable energy facility resides,
21 the originating county shall receive such recycling credit. Any
22 byproduct resulting from the creation of renewable energy that
23 is recycled shall count towards the county recycling goals in
24 accordance with the methods and criteria developed pursuant to
25 paragraph (3)(h) (2)(h).
26 (b) A county may receive credit for one-half of the
27 recycling goal set forth in subsection (3) (2) from the use of
28 yard trash, or other clean wood waste or paper waste, in
29 innovative programs including, but not limited to, programs that
30 produce alternative clean-burning fuels such as ethanol or that
31 provide for the conversion of yard trash or other clean wood
32 waste or paper waste to clean-burning fuel for the production of
33 energy for use at facilities other than a waste-to-energy
34 facility as defined in s. 403.7061. The provisions of this
35 paragraph apply only if a county can demonstrate that:
36 1. The county has implemented a yard trash mulching or
37 composting program, and
38 2. As part of the program, compost and mulch made from yard
39 trash is available to the general public and in use at county
40 owned or maintained and municipally owned or maintained
41 facilities in the county and state agencies operating in the
42 county as required by this section.
43 (c) A county with a population of 100,000 or less may
44 provide its residents with the opportunity to recycle in lieu of
45 achieving the goal set forth in this section. For the purposes
46 of this section, the “opportunity to recycle” means that the
47 county:
48 1.a. Provides a system for separating and collecting
49 recyclable materials prior to disposal that is located at a
50 solid waste management facility or solid waste disposal area; or
51 b. Provides a system of places within the county for
52 collection of source-separated recyclable materials.
53 2. Provides a public education and promotion program that
54 is conducted to inform its residents of the opportunity to
55 recycle, encourages source separation of recyclable materials,
56 and promotes the benefits of reducing, reusing, recycling, and
57 composting materials.
58 (7)(6) The department may reduce or modify the municipal
59 solid waste recycling goal that a county is required to achieve
60 pursuant to subsection (3) (2) if the county demonstrates to the
61 department that:
62 (a) The achievement of the goal set forth in subsection (3)
63 (2) would have an adverse effect on the financial obligations of
64 a county that are directly related to a waste-to-energy facility
65 owned or operated by or on behalf of the county; and
66 (b) The county cannot remove normally combustible materials
67 from solid waste that is to be processed at a waste-to-energy
68 facility because of the need to maintain a sufficient amount of
69 solid waste to ensure the financial viability of the facility.
70
71 The goal shall not be waived entirely and may only be reduced or
72 modified to the extent necessary to alleviate the adverse
73 effects of achieving the goal on the financial viability of a
74 county’s waste-to-energy facility. Nothing in this subsection
75 shall exempt a county from developing and implementing a
76 recycling program pursuant to this act.
77 (8)(7) In order to assess the progress in meeting the goal
78 set forth in subsection (3) (2), each county shall, by April 1
79 each year, provide information to the department regarding its
80 annual solid waste management program and recycling activities.
81 (a) The information submitted to the department by the
82 county must, at a minimum, include:
83 1. The amount of municipal solid waste disposed of at solid
84 waste disposal facilities, by type of waste such as yard trash,
85 white goods, clean debris, tires, and unseparated solid waste;
86 2. The amount and type of materials from the municipal
87 solid waste stream that were recycled; and
88 3. The percentage of the population participating in
89 various types of recycling activities instituted.
90 (b) Beginning with the data for the 2012 calendar year, the
91 department shall by July 1 each year post on its website the
92 recycling rates of each county for the prior calendar year.
93 (21)(20) In addition to any other penalties provided by
94 law, a local government that does not comply with the
95 requirements of subsections (3) (2) and (5) (4) shall not be
96 eligible for grants from the Solid Waste Management Trust Fund,
97 and the department may notify the Chief Financial Officer to
98 withhold payment of all or a portion of funds payable to the
99 local government by the department from the General Revenue Fund
100 or by the department from any other state fund, to the extent
101 not pledged to retire bonded indebtedness, unless the local
102 government demonstrates that good faith efforts to meet the
103 requirements of subsections (3) (2) and (5) (4) have been made
104 or that the funds are being or will be used to finance the
105 correction of a pollution control problem that spans
106 jurisdictional boundaries.
107 Section 2. Present subsections (6) through (14) of section
108 403.707, Florida Statutes, are redesignated as subsections (7)
109 through (15), respectively, and a new subsection (6) is added to
110 that section, to read:
111 403.707 Permits.—
112 (6) The department may not issue a construction permit
113 pursuant to this section for a new solid waste disposal facility
114 that uses an ash-producing incinerator or for a waste-to-energy
115 facility, if the proposed location of such facility is sited
116 within a 1-mile radius of any school or any property zoned for
117 residential use within that same county which has a density of
118 one or more dwelling units per acre. The 1-mile radius must be
119 measured from the stack of the facility. This subsection applies
120 only to a county as defined in s. 125.011(1).