THE BILL ITSELF
HB 575
Auxiliary Containers
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A bill to be entitled
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An act relating to auxiliary containers; amending s.
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403.703, F.S.; defining the terms "auxiliary
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container" and "single-use"; amending s. 403.7033,
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F.S.; deleting obsolete provisions; preempting the
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regulation of auxiliary containers to the state;
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providing exceptions; requiring the Department of
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Environmental Protection to develop a uniform
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ordinance for the use and disposition of single-use,
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nonrecyclable auxiliary containers; providing
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requirements for the development of such ordinance;
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requiring that the sale or distribution of single-use
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plastic auxiliary containers on lands managed by the
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Division of Recreation and Parks of the Department of
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Environmental Protection be eliminated to the greatest
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extent possible; prohibiting the use, sale, or
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distribution of certain single-use auxiliary
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containers on such lands; requiring the department to
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develop and make available on its website a statewide
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Marine Debris Reduction Plan; providing requirements
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for such plan; repealing s. 500.90, F.S., relating to
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the regulation of polystyrene products preempted to
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the Department of Agriculture and Consumer Services;
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amending s. 403.707, F.S.; conforming cross-
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references; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (2) through (33) and (34) through (48) of section 403.703, Florida Statutes, are
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redesignated as subsections (3) through (34) and (36) through
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(50), respectively, new subsections (2) and (35) are added to
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that section, and present subsection (35) of that section is
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amended, to read:
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403.703 Definitions.—As used in this part, the term:
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(2) "Auxiliary container" means a bag, cup, bottle, can,
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or other packaging that meets both of the following
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requirements:
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(a) Is made of cloth; paper; plastic, including, but not
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limited to, foamed plastic, expanded plastic, or polystyrene;
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cardboard and other corrugated material; molded fiber; aluminum;
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glass; postconsumer recycled material; or similar material or
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substrates, including coated, laminated, or multilayer
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substrates.
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(b) Is designed for transporting, consuming, or protecting
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merchandise, food, or beverages from or at a public food service
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establishment as defined in s. 509.013(5), a food establishment
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as defined in s. 500.03, or a retailer as defined in s.
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212.02(13).
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(35) "Single-use" means designed to be used once and then
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discarded and not designed for repeated use and sanitizing.
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(37)(35) "Solid waste" means sludge unregulated under the
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federal Clean Water Act or Clean Air Act, sludge from a waste
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treatment works, water supply treatment plant, or air pollution
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control facility, or garbage, rubbish, refuse, special waste, or
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other discarded material, including solid, liquid, semisolid, or
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contained gaseous material resulting from domestic, industrial,
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commercial, mining, agricultural, or governmental operations.
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Recovered materials as defined in subsection (29) subsection
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(28) and post-use polymers as defined in subsection (25)
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subsection (24) are not solid waste.
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Section 2. Section 403.7033, Florida Statutes, is amended
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to read:
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403.7033 Regulation of auxiliary containers Departmental
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analysis of particular recyclable materials.—The Legislature
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finds that prudent regulation of recyclable materials is crucial
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to the ongoing welfare of Florida's ecology and economy. As
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such, the Department of Environmental Protection shall review
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and update its 2010 report on retail bags analyzing the need for
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new or different regulation of auxiliary containers, wrappings,
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or disposable plastic bags used by consumers to carry products
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from retail establishments. The updated report must include
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input from state and local government agencies, stakeholders,
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private businesses, and citizens and must evaluate the efficacy
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and necessity of both statewide and local regulation of these
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materials. To ensure consistent and effective implementation,
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the department shall submit the updated report with conclusions
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and recommendations to the Legislature no later than December
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31, 2021. Until such time that the Legislature adopts the
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recommendations of the department,
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(1) PREEMPTION OF THE REGULATION OF AUXILIARY CONTAINERS.—
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A local government or, local governmental agency, or state
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governmental agency may not enact any rule, regulation, or
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ordinance regarding the use, disposition, sale, prohibition,
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restriction, or tax of such auxiliary containers which is
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inconsistent with this section, wrappings, or disposable plastic
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bags. This subsection does not apply to rules, regulations, or
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ordinances that do any of the following:
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(a) Restrict the use of glass auxiliary containers within
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the boundaries of any public property.
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(b) Restrict the use, sale, or distribution of auxiliary
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containers enacted before January 1, 2026.
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(c) Restrict the use, sale, or distribution of single-use
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plastic auxiliary containers within the boundaries of any public
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property.
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(2) CREATION OF A UNIFORM ORDINANCE FOR AUXILIARY
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CONTAINERS.—The department shall develop a uniform ordinance for
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the use and disposal of single-use, nonrecyclable auxiliary
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containers which may be adopted and enforced by local
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governments.
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(a) In developing the uniform ordinance, the department
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shall collaborate with a broad range of stakeholders, including
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local governments, environmental groups, businesses, and other
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interested parties, to encourage cooperation and consensus
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building.
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(b) In developing the uniform ordinance, the department
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shall hold at least three public workshops with such
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stakeholders described in paragraph (a). The department shall
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allow public participation in person and through communications
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media technology. The department shall hold workshops in
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different regions of this state to maximize public
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participation.
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(c) In developing the uniform ordinance, the department
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shall advance measures in furtherance of the following:
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1. Limiting the distribution and use of single-use,
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nonrecyclable auxiliary containers through bans, fees, or
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deposit systems.
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2. Promoting the use of recyclable or compostable
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auxiliary containers and encouraging businesses to offer
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voluntary incentives for customers to bring reusable auxiliary
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containers.
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3. Establishing waste reduction and collection programs
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for single-use auxiliary containers.
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4. Creating enforcement mechanisms, including penalties,
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for businesses that do not comply with auxiliary container
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regulations.
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(d) The department shall begin engaging with stakeholders
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through workshops and solicitation no later than October 1,
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2026, and finalize the uniform ordinance by October 1, 2027.
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(3) SINGLE-USE AUXILIARY CONTAINERS ON STATE LAND.—Within
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any lands managed by the Division of Recreation and Parks of the
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Department of Environmental Protection:
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(a) The sale or distribution of single-use plastic
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auxiliary containers must be eliminated to the greatest extent
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possible.
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(b) The use, sale, or distribution of single-use auxiliary
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containers that contain polystyrene foam is prohibited.
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(4) STATEWIDE MARINE DEBRIS REDUCTION PLAN.—By December
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31, 2026, the department shall develop and make available on its
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website a statewide Marine Debris Reduction Plan. At a minimum,
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the plan must include all of the following:
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(a) Recommendations for data collection and reporting
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protocols.
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(b) Identification of key infrastructure or policy gaps
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regarding persistent litter into marine and coastal
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environments.
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(c) Strategies for reducing the generation and discharge
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of plastics, polystyrene, and other persistent litter into
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marine and coastal environments.
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(d) A proposed funding and implementation framework.
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(e) Recommendations for a competitive grant program to
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provide financial assistance to local governments and nonprofits
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to reduce marine debris.
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Section 3. Section 500.90, Florida Statutes, is repealed. Section 4. Paragraph (j) of subsection (9) of section
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403.707, Florida Statutes, is amended to read:
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403.707 Permits.—
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(9) The department shall establish a separate category for
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solid waste management facilities that accept only construction
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and demolition debris for disposal or recycling. The department
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shall establish a reasonable schedule for existing facilities to
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comply with this section to avoid undue hardship to such
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facilities. However, a permitted solid waste disposal unit that
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receives a significant amount of waste prior to the compliance
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deadline established in this schedule shall not be required to
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be retrofitted with liners or leachate control systems.
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(j) The Legislature recognizes that recycling, waste
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reduction, and resource recovery are important aspects of an
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integrated solid waste management program and as such are
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necessary to protect the public health and the environment. If
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necessary to promote such an integrated program, the county may
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determine, after providing notice and an opportunity for a
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hearing prior to April 30, 2008, that some or all of the
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material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
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excluded from the definition of "construction and demolition
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debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction
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of such county. The county may make such a determination only if
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it finds that, prior to June 1, 2007, the county has established
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an adequate method for the use or recycling of such wood
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material at an existing or proposed solid waste management
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facility that is permitted or authorized by the department on
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June 1, 2007. The county is not required to hold a hearing if
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the county represents that it previously has held a hearing for
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such purpose, or if the county represents that it previously has
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held a public meeting or hearing that authorized such method for
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the use or recycling of trash or other nonputrescible waste
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materials and that such materials include those materials
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described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
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provide written notice of its determination to the department by
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no later than April 30, 2008; thereafter, the materials
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described in s. 403.703(7) s. 403.703(6) shall be excluded from
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the definition of "construction and demolition debris" in s.
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403.703(7) s. 403.703(6) within the jurisdiction of such county.
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The county may withdraw or revoke its determination at any time
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by providing written notice to the department.
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Section 5. This act shall take effect July 1, 2026.