Florida Senate - 2025 SB 946
By Senator Rodriguez
40-00895-25 2025946__
1 A bill to be entitled
2 An act relating to waste facilities; amending s.
3 373.4592, F.S.; conforming cross references;
4 prohibiting a local governmental entity from applying
5 for a permit for or approving the permitting of
6 certain waste facilities within a specified distance
7 of the Everglades Protection Area, the Everglades
8 Construction Project, or any water storage or
9 conveyance structure constructed pursuant to specified
10 provisions; providing for preemption; amending ss.
11 316.5501, 339.2818, and 373.036, F.S.; conforming
12 cross-references; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Present subsections (13) through (17) of section
17 373.4592, Florida Statutes, are redesignated as subsections (14)
18 through (18), respectively, a new subsection (13) is added to
19 that section, and paragraphs (c) and (f) of subsection (2) are
20 amended, to read:
21 373.4592 Everglades improvement and management.—
22 (2) DEFINITIONS.—As used in this section:
23 (c) “C-139 Basin” or “Basin” means those lands described in
24 subsection (17) subsection (16).
25 (f) “Everglades Agricultural Area” or “EAA” means the
26 Everglades Agricultural Area, which are those lands described in
27 subsection (16) subsection (15).
28 (13) PROHIBITION ON WASTE FACILITIES.—
29 (a) A local governmental entity may not apply for or
30 approve a permit pursuant to chapter 373, chapter 376, chapter
31 377, chapter 379, chapter 380, or chapter 403 for a solid waste
32 facility as that term is defined in s. 377.709(2)(f), a
33 municipal solid waste-to-energy facility as that term is defined
34 in s. 377.814(2)(b), a pyrolysis facility as that term is
35 defined in s. 403.703(27), a solid waste disposal facility as
36 that term is defined in s. 403.703(36), or a solid waste
37 management facility as that term is defined in s. 403.703(38),
38 or for an incinerator of any type, where such facility is
39 proposed to be located within 2 miles of:
40 1. The Everglades Protection Area as defined in s.
41 373.4592(2);
42 2. The Everglades Construction Project as defined in
43 373.4592(2); or
44 3. Any water storage or conveyance structure constructed
45 pursuant to the comprehensive plan as defined in s. 373.470(2)
46 or funded pursuant to the America’s Water Infrastructure Act of
47 2018, the Water Resources Development Act of 2000, the Water
48 Infrastructure Improvements for the Nation Act, or the Surface
49 Water Improvement and Management Act as defined in s. 373.451.
50 (b) The permitting provided in paragraph (a) is preempted
51 to the state. This section supersedes any local government
52 regulations on matters related to this subsection.
53 Section 2. Subsection (1) of section 316.5501, Florida
54 Statutes, is amended to read:
55 316.5501 Permitting program for combination truck tractor,
56 semitrailer, and trailer combination coupled as a single unit
57 subject to certain requirements.—
58 (1) By no later than January 1, 2020, the Department of
59 Transportation in conjunction with the Department of Highway
60 Safety and Motor Vehicles shall develop a permitting program
61 that, notwithstanding any other provision of law except
62 conflicting federal law and applicable provisions of s. 316.550,
63 prescribes the operation of any combination of truck tractor,
64 semitrailer, and trailer combination coupled together so as to
65 operate as a single unit in which the semitrailer and the
66 trailer unit may each be up to 48 feet in length, but not less
67 than 28 feet in length, if such truck tractor, semitrailer, and
68 trailer combination is:
69 (a) Being used for the primary purpose of transporting farm
70 products as defined in s. 823.14(3)(e) on a prescribed route
71 within the boundary of the Everglades Agricultural Area as
72 described in s. 373.4592(16) s. 373.4592(15);
73 (b) Traveling on a prescribed route that has been submitted
74 to and approved by the Department of Transportation for public
75 safety purposes having taken into account, at a minimum, the
76 point of origin, destination, traffic and pedestrian volume on
77 the route, turning radius at intersections along the route, and
78 potential for damage to roadways or bridges on the route;
79 (c) Operating only on state or local roadways within a
80 radius of 60 miles from where such truck tractor, semitrailer,
81 and trailer combination was loaded; however, travel is not
82 authorized on the Interstate Highway System; and
83 (d) Meeting the following weight limitations:
84 1. The maximum gross weight of the truck tractor and the
85 first trailer shall not exceed 88,000 pounds.
86 2. The maximum gross weight of the dolly and second trailer
87 shall not exceed 67,000 pounds.
88 3. The maximum overall gross weight of the truck tractor
89 semitrailer-trailer combination shall not exceed 155,000 pounds.
90 Section 3. Subsection (8) of section 339.2818, Florida
91 Statutes, is amended to read:
92 339.2818 Small County Outreach Program.—
93 (8) Subject to a specific appropriation in addition to
94 funds appropriated for projects under this section, a local
95 government either wholly or partially within the Everglades
96 Agricultural Area as defined in s. 373.4592(16) s. 373.4592(15),
97 the Peace River Basin, or the Suwannee River Basin may compete
98 for additional funding using the criteria listed in paragraph
99 (4)(c) at up to 100 percent of project costs on state or county
100 roads used primarily as farm-to-market connections between rural
101 agricultural areas and market distribution centers, excluding
102 capacity improvement projects.
103 Section 4. Paragraph (e) of subsection (7) of section
104 373.036, Florida Statutes, is amended to read:
105 373.036 Florida water plan; district water management
106 plans.—
107 (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
108 (e) In addition to the elements specified in paragraph (b),
109 the South Florida Water Management District shall include in the
110 consolidated annual report the following elements:
111 1. The Lake Okeechobee Protection Program annual progress
112 report required by s. 373.4595(6).
113 2. The Everglades annual progress reports specified in s.
114 373.4592(4)(d)5., (14), and (15) s. 373.4592(4)(d)5., (13), and
115 (14).
116 3. The Everglades restoration annual report required by s.
117 373.470(7).
118 4. The Everglades Trust Fund annual expenditure report
119 required by s. 373.45926(3).
120 Section 5. This act shall take effect July 1, 2025.