SESSION WATCH
Died HOUSE · SESSION 2026

No. CS/HB 1089

Waste Facilities
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SPONSOR
Natural Resources & Disasters Subcommittee; Bartleman
FILED BY
Robin Bartleman — District 103, Democrat [search donations]
EFFECTIVE
7/1/2026
DIED IN
State Affairs Committee

Filed under Environment & Water.

PROVIDED SUMMARY

Waste Facilities; Prohibits local government & DEP from issuing construction permit for certain solid waste disposal & waste-to-energy facilities under certain circumstances.

Full bill text →

Plain English Summary

AI-GENERATED
Bars new incinerator and waste-to-energy permits near key water impoundments.

Bars local governments and the Department of Environmental Protection from issuing construction permits for a new ash-burning solid waste incinerator or waste-to-energy facility sited within 1 mile of certain large, federally authorized water-storage impoundments.

The protected impoundments are ones with at least 100 acres of interior storage used for storing and distributing surface water, restoring wetlands and hydropatterns in a water conservation area, sheltering threatened or endangered species, flood control, or groundwater recharge.

Canals, facilities already built or operating by July 1, 2026, and any site in a county with fewer than 1.7 million residents are excluded, so the ban reaches only new facilities in Florida's most populous counties.

KEY PROVISIONS
§ 1 Local governments barred from permitting incinerators near key water areas majors. 403.706(2)(a)

AIA local government may not issue a construction permit for a new solid waste disposal facility with an ash-producing incinerator, or for a waste-to-energy facility, if it would sit within 1 mile of a qualifying large water-storage impoundment.

“A local government may not issue a construction permit pursuant to s. 403.707 for a new solid waste disposal facility that uses an ash-producing incinerator” bill text, line 19 →
§ 2 DEP separately barred from permitting the same facilities majors. 403.707(6)(a)

AIThe Department of Environmental Protection may not issue its own construction permit for the same kind of ash-incinerator or waste-to-energy facility in the same protected locations, closing the state-level permitting path as well as the local one.

“The department may not issue a construction permit pursuant to this section for a new solid waste disposal facility that uses an ash-producing incinerator” bill text, line 142 →
§ 3 Ban applies only in Florida's largest counties majors. 403.706(2)(b)

AIThe permitting ban does not apply statewide. It exempts canals, any facility or operation already existing or under construction as of July 1, 2026, and any parcel in a county with a population below 1.7 million, so the restriction binds only Florida's most populous counties.

“Any parcel located in a county with a population of less than 1.7 million according to the United States 2020 decennial census.” bill text, line 35 →
TIMELINE
3/13/2026
Died in State Affairs Committee
2/12/2026
Now in State Affairs Committee
2/12/2026
Reported out of Intergovernmental Affairs Subcommittee
2/12/2026
Favorable by Intergovernmental Affairs Subcommittee
2/10/2026
Added to Intergovernmental Affairs Subcommittee agenda
2/6/2026
Now in Intergovernmental Affairs Subcommittee
2/6/2026
Referred to State Affairs Committee
2/6/2026
Referred to Intergovernmental Affairs Subcommittee
2/4/2026
1st Reading (Committee Substitute 1)
2/4/2026
CS Filed
2/4/2026
Laid on Table under Rule 7.18(a)
2/4/2026
Reported out of Natural Resources & Disasters Subcommittee
2/4/2026
Favorable with CS by Natural Resources & Disasters Subcommittee
2/2/2026
Added to Natural Resources & Disasters Subcommittee agenda
1/13/2026
1st Reading (Original Filed Version)
1/12/2026
Now in Natural Resources & Disasters Subcommittee
1/12/2026
Referred to State Affairs Committee
1/12/2026
Referred to Intergovernmental Affairs Subcommittee
1/12/2026
Referred to Natural Resources & Disasters Subcommittee
1/6/2026
Filed
14 EARLIER →
STATUTES IT CHANGES
s. 403.706
+162 / −11
s. 403.707
+148 / −0
s. 403.703
+6 / −6
s. 403.7049
+2 / −2
s. 403.705
+4 / −4
s. 403.706
+0 / −0
STAFF ANALYSES