Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. SB 912
Ì448936PÎ448936
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/03/2026 .
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The Committee on Environment and Natural Resources (McClain)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 98 - 622
4 and insert:
5 printers, fax machines, scanners, televisions, digital video
6 disc players and recorders, video cassette recorders, digital
7 converter boxes, cable receivers, satellite receivers, portable
8 digital music players, or video game consoles.
9 (2) “Battery stewardship organization” or “BSO” means:
10 (a) A third-party entity designated by one or more
11 producers to implement an approved battery stewardship plan; or
12 (b) A group of producers which directly implement an
13 approved battery stewardship plan.
14 (3) “Covered battery” means a portable battery or a medium
15 format battery. The term does not include any of the following:
16 (a) A battery contained in a medical device as defined in
17 21 U.S.C. s. 321(h) which is not designed or marketed for sale
18 or resale at retail locations for personal use.
19 (b) A battery that uses free-flowing liquid electrolyte or
20 a product that contains such a battery.
21 (c) A battery designed to power a motor vehicle, part of a
22 motor vehicle, or a component part of a motor vehicle assembled
23 by or for a vehicle manufacturer or franchised dealer, including
24 replacement parts for use in a motor vehicle.
25 (d) A battery designed to power an off-highway vehicle as
26 defined in s. 261.03(5), part of an off-highway vehicle, or a
27 component of an off-highway vehicle assembled by or for a
28 vehicle manufacturer or franchised dealer, including replacement
29 parts for use in an off-highway vehicle.
30 (e) A battery used in a product which is not intended or
31 designed to be easily removable from the product.
32 (f) A battery or battery-containing product recalled for
33 safety reasons.
34 (g) A battery or battery-containing product offered for
35 resale by a business that, as part of its operations, offers
36 products for resale to other businesses or to consumers.
37 (h) Batteries or battery materials that are imported into
38 this state after collection and are sold to or managed by
39 collectors, logistics companies, or recyclers for the purpose of
40 end-of-life management.
41 (i) Lead-acid batteries or battery components that weigh 11
42 pounds or more.
43 (4) “Medium format battery” means any of the following:
44 (a) For nonrechargeable batteries, a battery that weighs
45 more than 4.4 pounds, but not more than 25 pounds; or
46 (b) For rechargeable batteries, a battery that weighs more
47 than 11 pounds or that has a rating of more than 300 watt-hours,
48 or both, but weighs not more than 25 pounds or has a rating of
49 less than 2,000 watt-hours.
50 (5) “Portable battery” means any of the following:
51 (a) For nonrechargeable batteries, a battery that weighs
52 4.4 pounds or less; or
53 (b) For rechargeable batteries, a battery that weighs 11
54 pounds or less and has a rating of not more than 300 watt-hours.
55 (6)(a) “Producer” means the following person or persons
56 responsible for compliance with requirements under this chapter
57 for a covered battery or battery-containing product sold,
58 offered for sale, or distributed in or into this state:
59 1. For covered batteries:
60 a. If the battery is sold under the brand of the battery
61 manufacturer, the producer is the person who manufactures the
62 battery;
63 b. If the battery is sold under a retail brand or under a
64 brand owned by a person other than the manufacturer, the
65 producer is the brand owner;
66 c. If there is no person to whom sub-subparagraph a. or
67 sub-subparagraph b. applies, the producer is the person who is
68 the licensee of a brand or trademark under which the battery is
69 used in a commercial enterprise, sold, offered for sale, or
70 distributed in or into this state, regardless of whether the
71 trademark is registered in this state;
72 d. If there is no person to whom sub-subparagraph a., sub
73 subparagraph b., or sub-subparagraph c. applies, the producer is
74 the person who is the importer of record for importing the
75 battery into the United States for use in a commercial
76 enterprise that sells, offers for sale, or distributes the
77 battery in this state; or
78 e. If there is no person to whom sub-subparagraph a., sub
79 subparagraph b., sub-subparagraph c., or sub-subparagraph d.
80 applies or no person with a commercial presence in this state,
81 the producer is the person who first sells, offers for sale, or
82 distributes the battery in or into this state.
83 2. For covered battery-containing products:
84 a. If the battery-containing product is sold under the
85 brand of the product manufacturer, the producer is the person
86 who manufactures the product;
87 b. If the battery-containing product is sold under a retail
88 brand or under a brand owned by a person other than the
89 manufacturer, the producer is the brand owner;
90 c. If there is no person to whom sub-subparagraph a. or
91 sub-subparagraph b. applies, the producer is the person who is
92 the licensee of a brand or trademark under which the product is
93 used in a commercial enterprise, sold, offered for sale, or
94 distributed in or into this state, regardless of whether the
95 trademark is registered in this state;
96 d. If there is no person described in sub-subparagraph a.,
97 sub-subparagraph b., or sub-subparagraph c. within the United
98 States, the producer is the person who is the importer of record
99 for the product into the United States for use in a commercial
100 enterprise that sells, offers for sale, or distributes the
101 product in this state; or
102 e. If there is no person described in sub-subparagraph a.,
103 sub-subparagraph b., sub-subparagraph c., or sub-subparagraph d.
104 with a commercial presence in this state, the producer is the
105 person who first sells, offers for sale, or distributes the
106 product in or into this state.
107 (b) A producer does not include any person who only
108 manufactures, sells, offers for sale, distributes, or imports
109 into this state a battery-containing product if the only
110 batteries used by the battery-containing product are supplied by
111 a producer that has joined a registered BSO as the producer for
112 that covered battery under this chapter. Such a producer of
113 covered batteries that are included in a battery-containing
114 product shall provide written certification of that membership
115 in a registered BSO to both the producer of the covered battery
116 containing product and the BSO of which the battery producer is
117 a member.
118 (7) “Rechargeable battery” means a battery that contains
119 one or more voltaic or galvanic cells electrically connected to
120 produce electric energy and that is designed to be recharged.
121 (8) “Recovery” means collecting, accumulating, and
122 transporting quantities of covered batteries or battery
123 containing products for the purpose of end-of-life management.
124 (9)(a) “Recycling” means the reprocessing, by means of a
125 manufacturing process, of a used material into a product or a
126 secondary raw material.
127 (b) The term does not include:
128 1. Energy recovery or energy generation by means of
129 combustion of the used material;
130 2. Use of the used material as a fuel;
131 3. Use of the used material as alternative daily cover,
132 meaning material placed on the surface of a landfill at the end
133 of each operating day to prevent such hazards as fires and to
134 manage odors; or
135 4. Landfill disposal of discarded covered materials.
136 (10) “Retailer” means a person or an entity that sells or
137 offers for sale a covered battery in this state or offers or
138 otherwise makes available covered batteries or battery
139 containing products to a customer, including other businesses,
140 in this state.
141 Section 3. Section 403.71873, Florida Statutes, is created
142 to read:
143 403.71873 Requirements for producers or retailers of
144 covered batteries or battery-containing products; prohibition.—
145 (1) REQUIREMENTS.—
146 (a) Beginning January 1, 2028, a producer must do all of
147 the following before selling, offering for sale, or distributing
148 for sale in this state any covered battery or battery-containing
149 product:
150 1. Be a member of a BSO operating pursuant to a battery
151 stewardship plan approved by the department under s. 403.71874.
152 This subparagraph does not apply to a retailer if the website
153 maintained by the department pursuant to s. 403.71879 lists, as
154 of the date a battery or product is made available for retail
155 sale, the producer or brand of the battery or product in the
156 approved battery stewardship plan. Retailers of covered
157 batteries or battery-containing products are not required to
158 make retail locations available to serve as collection sites for
159 a stewardship program operated by a BSO. Retailers that serve as
160 a collection site may participate in an approved stewardship
161 plan and comply with the requirements for collection sites,
162 consistent with s. 403.71876.
163 2. Provide verification to the department that the covered
164 battery or the battery in the battery-containing product has
165 labeling or is imprinted with text that identifies the producer
166 of the battery with a clear mark or insignia.
167 (b) Beginning January 1, 2029, a producer of a covered
168 battery or a battery in a battery-containing product must list
169 the following information on such batteries:
170 1. The chemistry of the battery.
171 2. An indicator that the battery may not be disposed of as
172 household waste and is not eligible for curbside recycling.
173
174 Subparagraph (a)2. and paragraph (b) do not apply to a battery
175 that can fit entirely, in any orientation, into the small parts
176 cylinder described in 16 C.F.R. s. 1501.4. In this case, the
177 mark required pursuant to subparagraph (a)2. must be placed on
178 the packaging of the battery or battery-containing product. The
179 department may amend by rule the requirements of this subsection
180 to maintain consistency with the labeling requirements or
181 voluntary standards for batteries established in federal law.
182 (2) PROHIBITION.—A producer, retailer, or BSO may not
183 charge a point-of-sale fee to consumers to cover the costs of
184 implementing a battery stewardship plan approved by the
185 department under s. 403.71874.
186 Section 4. Section 403.71874, Florida Statutes, is created
187 to read:
188 403.71874 Battery stewardship plan components.—
189 (1) Beginning January 1, 2027, any BSO operating in this
190 state shall submit a battery stewardship plan, referred to
191 hereafter as “plan,” to the department for review and approval.
192 (2) A plan must include all of the following:
193 (a) The name and contact information of each producer
194 included in the plan.
195 (b) The brand of the covered battery or batteries that the
196 BSO’s producer sells, offers for sale, or distributes for sale
197 in this state. All such brands must be listed in the plan.
198 (c) Performance goals and processes for achieving such
199 goals. Performance goals must include, but need not be limited
200 to, an education and outreach strategy to enhance consumer
201 awareness of the plan and of the convenience and accessibility
202 of end-of-life management options for covered batteries or
203 batteries in battery-containing products collected pursuant to
204 the plan.
205 (d) Processes for providing notice to retailers of the
206 prohibition in s. 403.71873(2).
207 (e) Processes for providing collection sites with signage,
208 written materials, and other promotional materials to inform
209 consumers of the available end-of-life management options for
210 covered batteries collected pursuant to the plan.
211 (f) Collection site safety training procedures that must
212 include, but need not be limited to, all of the following:
213 1. Operating protocols to reduce risks of spills or fires
214 and response protocols for such events.
215 2. Protocols for the safe management of damaged or
216 defective batteries.
217 (g) A detailed budget that equitably distributes plan
218 implementation costs among the members of the BSO.
219 (h) Procedures and guidelines for covered battery
220 collection which ensure covered battery collection will occur at
221 no cost to consumers on a continuous, convenient, visible, and
222 accessible basis, regardless of the brand or producer of the
223 covered battery.
224 (i) Procedures and guidelines to govern the execution of s.
225 403.71876.
226 (j) Criteria for the designation of an entity as a covered
227 battery collection site and the addresses of such designated
228 covered battery collection sites.
229 (k) The names of proposed service providers, including
230 sorters, transporters, and processors, to be used for the final
231 disposition of batteries.
232 (l) Procedures and guidelines to govern how the BSO shall
233 coordinate with material recovery facilities and secondary
234 processors to properly process and transport for end-of-life
235 management any covered batteries improperly sent to such
236 facilities through the waste or recycling streams.
237 (m) Procedures for recordkeeping, tracking, and documenting
238 the management and disposition of collected covered batteries,
239 including any delay anticipated by the BSO in managing medium
240 format batteries.
241 (3) An approved plan is valid for 5 years. A BSO whose plan
242 is approved pursuant to this section shall do all of the
243 following:
244 (a) Submit a new plan to the department for approval 1 year
245 before the expiration of the existing approved plan. If the
246 performance goals included in the previously approved plan have
247 not been met, the new plan must include corrective measures that
248 the BSO must implement to meet such performance goals, which may
249 include, but need not be limited to, improvements to the
250 collection site network or increased expenditures dedicated to
251 education and outreach.
252 (b) Submit plan amendments to the department for approval.
253 (c) Notify the department within 90 days after a producer,
254 processor, or transporter begins or ceases participation in the
255 BSO, or within 90 days after the addition or removal of a
256 processor or transporter under the plan.
257 (4)(a) The department shall approve, conditionally approve,
258 or deny a plan or plan amendment within 120 days after receiving
259 such proposed plan or proposed plan amendment.
260 (b) If the department denies a proposed plan or amendment:
261 1. The department must notify the BSO of the denial in
262 writing and provide a rationale describing why the proposed plan
263 or amendment does not comply with this section;
264 2. The BSO must submit a revised plan or plan amendment, or
265 notice of plan or plan amendment withdrawal, within 60 days
266 after the denial; and
267 3. The department must approve or deny the revised plan or
268 plan amendment within 90 days after resubmittal. The denial of a
269 revised plan or plan amendment may be appealed to the
270 department, and the appeal must be in accordance with chapter
271 120.
272 Section 5. Section 403.71875, Florida Statutes, is created
273 to read:
274 403.71875 Battery stewardship organization fiscal duties.—A
275 BSO implementing a battery stewardship plan approved under s.
276 403.71874 has all of the following fiscal duties:
277 (1) Responsibility for all costs associated with
278 implementing the plan.
279 (2) Reimbursement of local governments for demonstrable
280 costs incurred by a local government facility or solid waste
281 facility designated as a collection site under the plan.
282 Reimbursement shall only be for local government and solid waste
283 or recyclables handling facilities that individually collect
284 more than 200 pounds annually.
285 (3) Collection of charges from participating producers
286 sufficient to cover the costs of implementing the plan,
287 including battery collection, transportation, processing,
288 education and outreach, and program evaluation.
289 Section 6. Section 403.71876, Florida Statutes, is created
290 to read:
291 403.71876 Collection and management requirements.—
292 (1) A BSO implementing an approved battery stewardship plan
293 shall do all of the following:
294 (a) Provide for the collection of all covered batteries,
295 statewide, from any person, regardless of the chemistry or brand
296 of the battery, on a free, continuous, convenient, and
297 accessible basis.
298 (b) Equip collection sites designated pursuant to s.
299 403.71874(2)(j), at no cost to the sites, with suitable
300 collection containers for covered batteries that are segregated
301 from other solid waste, or provide alternative arrangements for
302 the collection of such batteries at the site.
303 (c) Ensure that medium format batteries are collected only
304 at household hazardous waste collection sites or other staffed
305 collection sites that meet applicable federal, state, and local
306 requirements for managing medium format batteries.
307 (d) Provide for the collection of damaged and defective
308 batteries, by persons trained to handle and ship such batteries,
309 at collection sites and at each permanent household hazardous
310 waste facility and each household hazardous waste collection
311 event provided by the department. As used in this paragraph, the
312 term “damaged and defective batteries” means batteries that have
313 been damaged or that have been identified by the manufacturer as
314 being defective for safety reasons and that have the potential
315 to produce a dangerous evolution of heat, fire, or short
316 circuit, as referred to in 49 C.F.R. s. 173.185(f), or as
317 provided by the state by rule to maintain consistency with
318 federal standards.
319 (e) Coordinate the delivery of services with existing
320 public and private waste collection services and facilities;
321 transporters; consolidators; processors; electronic waste
322 recyclers; other BSOs; retailers if cost-effective, mutually
323 agreeable, and otherwise practical; or other related entities to
324 provide efficient and cost-effective delivery of services.
325 (f) For portable batteries, provide all of the following
326 within 3 years after approval of the battery stewardship plan:
327 1. At least one permanent collection site within a 15-mile
328 radius for at least 95 percent of state residents; and
329 2. At least one permanent collection site, collection
330 service, or collection event for every 30,000 residents of a
331 county.
332 (g) For medium format batteries, provide all of the
333 following within 3 years after approval of the battery
334 stewardship plan:
335 1. At least 10 permanent collection sites in this state.
336 Such sites must be reasonably dispersed throughout this state;
337 2. A collection event at least once every 3 years in each
338 county that does not have a permanent collection site, which
339 must provide for the collection of all medium format batteries,
340 including damaged and defective medium format batteries; and
341 3. Any entity that may be used as a collection site or that
342 will authorize a collection event on its property that satisfies
343 the criteria in this paragraph.
344 (2) A BSO implementing an approved battery stewardship plan
345 may issue a warning for the suspension or termination of a
346 collection site or service that does not comply with the
347 approved plan or that poses an immediate threat to public health
348 and safety.
349 (3) A BSO is not required to provide for the collection of
350 batteries, battery-containing products, or covered batteries
351 that remain contained in a battery-containing product at the
352 time of delivery to a collection site or collection event if
353 such batteries or products are under a recall for safety
354 reasons. A BSO may seek reimbursement from the producer of a
355 battery or battery-containing product under recall for safety
356 reasons for the costs incurred in collecting, transporting, or
357 processing such batteries and products.
358 Section 7. Section 403.71877, Florida Statutes, is created
359 to read:
360 403.71877 Battery stewardship plan implementation.—A BSO
361 implementing an approved battery stewardship plan shall do all
362 of the following to promote the implementation of the plan:
363 (1) Develop and maintain a website.
364 (2) Develop and place advertisements on social media or
365 other relevant media platforms.
366 (3) Develop promotional materials about the plan and the
367 restrictions on disposing of covered batteries.
368 (4) Develop and distribute to collection sites collection
369 site safety training procedures to help ensure proper management
370 of covered batteries at collection sites.
371 (5) Provide to each collection site used under the plan
372 consumer-focused educational materials that are accessible by
373 customers of retailers that sell covered batteries or battery
374 containing products.
375 (6) Provide safety information related to covered battery
376 collection activities to the operator of each collection site
377 used under the plan, including appropriate protocols to reduce
378 risks of spills or fires, respond to a spill or fire, and manage
379 a collected damaged or defective battery.
380 (7) Provide educational materials to the operator of each
381 collection site used under the plan for the management of
382 recalled batteries.
383 (8) Upon request by a retailer or other potential
384 collection site, provide educational materials describing
385 collection opportunities for covered batteries.
386 (9) Coordinate with other BSOs implementing a battery
387 stewardship plan in providing education and outreach under s.
388 403.71874(2)(c).
389 (10) Conduct a survey, during the first year of
390 implementing a battery stewardship plan and once every 5 years
391 thereafter, of public awareness of the outreach efforts
392 undertaken pursuant to this section. The BSO shall make the
393 results of the surveys available to the department.
394 Section 8. Section 403.71878, Florida Statutes, is created
395 to read:
396 403.71878 Reporting requirements.—
397 (1) Starting June 1, 2029, and annually thereafter, a BSO
398 implementing an approved battery stewardship plan shall submit a
399 report to the department which includes all of the following:
400 (a) A summary financial statement documenting the financing
401 of the plan and an analysis of plan costs and expenditures,
402 including an analysis of the plan’s expenses, such as
403 collection, transportation, management, education, and
404 administrative overhead. The summary financial statement is
405 sufficiently detailed if it provides transparency regarding
406 funds collected from producers spent on plan implementation, in
407 addition to other necessary financial accounting information.
408 (b) The weight, by chemistry, of collected covered
409 batteries.
410 (c) A list of all facilities used in the processing or
411 disposition of covered batteries under the plan.
412 (d) For each facility used for the final disposition of
413 covered batteries under the plan, an overview of how the
414 facility processed or otherwise managed batteries and battery
415 components.
416 (e) The weight and chemistry of covered batteries sent to
417 each facility used for the final disposition of batteries. This
418 information may be approximated based on extrapolations of
419 national or regional data for programs in operation in multiple
420 states.
421 (f) The estimated aggregate sales, by weight and chemistry,
422 of covered batteries, including covered batteries contained in
423 or packaged with battery-containing products, sold in this state
424 by the BSO’s participating producers for each of the previous 3
425 calendar years.
426 (g) A summary describing the management and recycling of
427 collected batteries.
428 (h) A description of education and outreach efforts
429 supporting plan implementation, including:
430 1. A summary of education and outreach provided to
431 consumers, collection sites, manufacturers, distributors, and
432 retailers to promote the collection and recycling of covered
433 batteries and an analysis of how such education and outreach met
434 the requirements under s. 403.71874(2)(c)2.;
435 2. Samples of education and outreach materials;
436 3. A summary of coordinated education and outreach efforts
437 with any other BSOs implementing a battery stewardship plan;
438 4. A summary of any changes made during the previous
439 calendar year to education and outreach activities; and
440 5. An evaluation of the effectiveness of education and
441 outreach activities.
442 (i) A list of all collection sites used to implement the
443 plan, an address for each listed site, a link to the website of
444 each listed site, if available, and an up-to-date map indicating
445 the location of each site.
446 (j) A description of methods used to collect, transport,
447 and recycle covered batteries under the plan.
448 (l) An analysis of the performance goals under the plan and
449 the rationale describing why performance goals were not met, if
450 applicable.
451 (2) After 4 years of implementation of an approved battery
452 stewardship plan, a BSO or a producer member of such
453 organization shall hire an independent third party to conduct a
454 one-time audit of the battery stewardship plan and plan
455 operation. The auditor shall examine the effectiveness of the
456 battery stewardship plan in collecting and managing covered
457 batteries. The auditor shall also examine the cost-effectiveness
458 of the plan and compare it to the cost-effectiveness of
459 collections plans and programs for covered batteries in other
460 jurisdictions. The BSO shall submit a copy of such audit to the
461 department.
462 Section 9. Section 403.71879, Florida Statutes, is created
463 to read:
464 403.71879 Responsibilities of the department.—The
465 department shall include on its website:
466 (1) A copy of all battery stewardship plans approved under
467 s. 403.71874 and any amendments to such plans;
468 (2) The names of producer members covered under an approved
469 battery stewardship plan;
470 (3) A list of brands of covered batteries covered under
471 approved battery stewardship plans; and
472 (4) A copy of each annual report submitted to the
473 department pursuant to s. 403.71878.
474 Section 10. Section 403.71881, Florida Statutes, is created
475 to read:
476 403.71881 Antitrust.—A producer, retailer, or BSO is not
477 liable for any claim of a violation of antitrust laws or laws
478 relating to fraudulent, deceptive, or unfair methods of
479 competition or trade practices arising from conduct that
480 complies with an approved battery stewardship plan.
481 Section 11. Section 403.71882, Florida Statutes, is created
482 to read:
483 403.71882 Collection of batteries independent of a battery
484 stewardship plan.—
485 (1) A person or recycler may offer or perform fee-based
486 household battery collection services or mail-back services for
487 covered batteries in this state independently of a BSO if:
488 (a) The services are performed and facilities are operated
489 in compliance with all applicable federal, state, and local laws
490 and requirements;
491 (b) A person or recycler accepts all covered batteries; and
492 (c) Except as provided in subsection (2), all batteries
493 collected by the person or recycler from customers in this state
494 are provided to a BSO implementing an approved battery
495 stewardship plan. After providing collected batteries to a BSO,
496 any transport and processing of such batteries by the BSO must
497 be done at the BSO’s expense. A BSO may refuse to accept
498 batteries from any such person or recycler if the department is
499 notified of the reason for such refusal.
500 (2) A person or recycler described in subsection (1) may
501 recycle covered batteries collected from customers in this state
502 if such person or recycler provides annual collection data and
503 recycling data to the department. Such data must include all of
504 the following:
505 (a) The weight, by chemistry, of covered batteries
506 collected.
507 (b) A description of how each facility recycled or
508 otherwise managed batteries and battery components for the final
509 disposition of covered batteries.
510 (3) Such person or recycler may not receive compensation
511 from a BSO for any batteries collected, transported, or recycled
512 under this section, unless otherwise agreed.
513 Section 12. Section 403.71883, Florida Statutes, is created
514 to read:
515 403.71883 General battery disposal and collection
516 requirements.—
517 (1) Beginning January 1, 2028, all of the following shall
518 apply:
519 (a) A person may dispose of a covered battery only by
520 delivery to a collection site or collection event operated under
521 an approved battery stewardship plan or operated by an
522 independent collector, unless the battery is regulated as
523 hazardous waste.
524 (b) A person may not knowingly cause or allow the mixing of
525 a covered battery with recyclable materials that are intended
526 for processing and sorting at a material recovery facility
527 without documenting the contents in the shipment manifest, the
528 approval of the receiving party, and the approval of the
529 transporting party.
530 (c) A person may not knowingly cause or allow the mixing of
531 a covered battery with municipal waste that is intended for
532 disposal at a landfill.
533 (d) A person may not knowingly cause or allow the disposal
534 of a covered battery in a landfill.
535 (e) A person may not knowingly cause or allow the mixing of
536 a covered battery with waste that is intended for burning or
537 incineration without documenting contents in the shipment
538 manifest, the approval of the receiving party, and the approval
539 of the transporting party.
540 (2) An owner or operator of a solid waste facility may not
541 be found in violation of this act if the facility has posted in
542 a conspicuous location a sign stating that covered batteries
543 must be managed through collection sites established by a BSO
544 and are not accepted for disposal.
545 (3) A solid waste collector is not in violation of this act
546 for a covered battery placed in a disposal container by a
547 person.
548
549 ================= T I T L E A M E N D M E N T ================
550 And the title is amended as follows:
551 Delete lines 5 - 67
552 and insert:
553 s. 403.71873, F.S.; requiring a producer to fulfill
554 certain requirements, beginning on a specified date,
555 before selling, offering for sale, or distributing for
556 sale in this state any covered battery or battery
557 containing product; providing applicability;
558 authorizing the department to amend by rule certain
559 provisions for a certain purpose; requiring certain
560 producers to list certain information on the battery
561 beginning on a specified date; prohibiting a producer,
562 retailer, or battery stewardship organization (BSO)
563 from charging a certain fee to consumers; creating s.
564 403.71874, F.S.; requiring a BSO operating in this
565 state to submit a battery stewardship plan to the
566 Department of Environmental Protection for review and
567 approval, beginning on a specified date; providing
568 requirements for the plan; providing a term of
569 validity for the plan; providing requirements for the
570 plan; requiring a BSO with an approved plan to take
571 certain actions; requiring the department to make a
572 certain determination regarding a battery stewardship
573 plan or plan amendment within a specified timeframe;
574 providing certain requirements for the department and
575 a BSO in the event a battery stewardship plan or
576 amendment is denied; creating s. 403.71875, F.S.;
577 providing fiscal duties for a BSO implementing an
578 approved battery stewardship plan; creating s.
579 403.71876, F.S.; requiring a BSO to take certain
580 actions to implement an approved battery stewardship
581 plan; authorizing a BSO implementing an approved
582 battery stewardship plan to issue a warning for the
583 suspension or termination of certain collection sites
584 or services; providing that a BSO is not required to
585 provide for the collection of batteries, battery
586 containing products, or covered batteries if such
587 batteries or products are recalled for safety reasons;
588 authorizing a BSO to seek reimbursement from the
589 producer of such batteries or battery-containing
590 products for certain costs; creating s. 403.71877,
591 F.S.; requiring a BSO to take certain actions to
592 promote the implementation of a plan; creating s.
593 403.71878, F.S.; requiring a BSO to submit a report to
594 the department annually beginning on a specified date;
595 providing requirements for such report; requiring a
596 BSO to hire an independent third party to audit the
597 battery stewardship plan and plan operation within a
598 specified amount of time after the implementation of
599 an approved battery stewardship plan; providing
600 requirements for such audit; requiring a BSO to submit
601 a copy of the audit to the department; creating s.
602 403.71879, F.S.; requiring the department to include
603 certain information on its website relating to battery
604 stewardship plans; creating s. 403.71881, F.S.;
605 providing that a producer, retailer, or BSO is not
606 liable for any claim of a violation of antitrust laws
607 or laws relating to fraudulent, deceptive, or unfair
608 methods of competition or trade practices; creating s.
609 403.71882, F.S.; authorizing a person or recycler to
610 offer or perform fee-based household battery
611 collection services or mail-back battery collection
612 services independently of a BSO if certain conditions
613 are met; authorizing such person or recycler to
614 recycle covered batteries if such person or recycler
615 provides annual collection and recycling data to the
616 department; providing requirements for such data;
617 prohibiting such person or recycler from receiving
618 compensation from a BSO for certain batteries, unless
619 otherwise agreed; creating s. 403.71883, F.S.;
620 providing requirements for the disposal and management
621 of covered batteries, beginning on a specified date;
622 providing an
623