Bill Text: FL S0050 | 2020 | Regular Session | Introduced
Bill Title: Beverage Container Deposits
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Environment and Natural Resources [S0050 Detail]
Download: Florida-2020-S0050-Introduced.html
Florida Senate - 2020 SB 50
By Senator Rader
29-00024A-20 202050__
1 A bill to be entitled
2 An act relating to beverage container deposits;
3 creating s. 403.778, F.S.; providing a short title;
4 defining terms; establishing refund values for
5 specified beverage containers; requiring dealers and
6 consumers in this state to pay a deposit fee for
7 specified beverage containers; requiring that certain
8 information be affixed to or printed on deposit
9 beverage containers; prohibiting the establishment or
10 operation of a redemption center unless it is
11 registered with the Department of Environmental
12 Protection; providing minimum standards for
13 registration; requiring that information provided to
14 the department in the registration process be kept
15 current; providing that persons establishing a
16 redemption center have a certain right; providing
17 requirements for redemption centers; prohibiting
18 redemption centers from paying the refund value for
19 certain containers; authorizing the use of reverse
20 vending machines under certain circumstances;
21 specifying requirements and procedures for certain
22 deposit beverage dealers and distributors; requiring
23 distributors to pay a handling fee of at least a
24 specified amount to dealers and redemption centers;
25 requiring certain dealers, distributors, redemption
26 centers, and recycling facilities to submit specified
27 information to the department and to make records
28 available to the department upon request; authorizing
29 the department or other specified entities to conduct
30 certain audits; clarifying that certain trade secret
31 information is confidential but authorizing the
32 release of that information in a manner that would not
33 reveal the trade secret; requiring the department to
34 adopt rules; providing that distributors and dealers
35 are not obligated to accept or take containers not
36 originally sold in this state or to pay the refund
37 value and handling fees for them; prohibiting certain
38 transactions involving such empty deposit beverage
39 containers and requiring a specified notice to
40 customers; providing a civil penalty for violations;
41 providing for disposition of the penalty; requiring
42 such penalties to be publicly noticed; prohibiting
43 local governments from imposing fees for the same or a
44 similar purpose; providing an effective date.
45
46 WHEREAS, the Legislature finds that roadside litter
47 presents an obstacle to promoting tourism and that reducing the
48 amount of roadside litter improves the quality of life for the
49 residents of this state, and
50 WHEREAS, the Legislature further finds that recycling is an
51 important element of an integrated solid waste management system
52 that protects and preserves environmental resources and reduces
53 economic costs to residents and businesses in this state, and
54 WHEREAS, the Legislature further finds that the reduction
55 of litter and the expansion of recycling program participation
56 is in the best interest of residents and visitors to this state,
57 and
58 WHEREAS, the purposes of this act are to reduce litter, to
59 increase recycling rates for specified deposit beverage
60 containers, to encourage recycling, to reduce waste disposal
61 costs, to provide a connection between manufacturing decisions
62 and recycling program management, to create local jobs, to
63 combat climate change, and to save energy, NOW, THEREFORE,
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Section 403.778, Florida Statutes, is created to
68 read:
69 403.778 Beverage container deposits.—
70 (1) SHORT TITLE.—This section may be cited as the “Florida
71 Beverage Container Deposit Act.”
72 (2) DEFINITIONS.—As used in this section, the term:
73 (a) “Certified recovered materials dealer” has the same
74 meaning as in s. 403.7046(3)(f).
75 (b) “Consumer” means a person who buys a deposit beverage
76 in a deposit beverage container for use or consumption and pays
77 the deposit.
78 (c) “Dealer” means a person who engages in the sale of
79 deposit beverages in deposit beverage containers in this state
80 to a consumer for off-premises consumption.
81 (d) “Deposit beverage” means beer, ale, or another drink
82 produced by fermenting malt; mixed spirits, mixed wine, wine,
83 distilled spirits, and wine coolers; tea and coffee drinks,
84 regardless of any dairy-derived product content; soda;
85 carbonated and noncarbonated water; and all nonalcoholic drinks
86 in liquid form which are intended for internal human consumption
87 and are contained in a deposit beverage container. The term does
88 not include any of the following:
89 1. A liquid that is a syrup in a concentrated form or that
90 is typically added as an incidental flavoring ingredient in food
91 or drink, such as extracts, cooking additives, sauces, or
92 condiments.
93 2. A liquid that is a drug, medical food, or infant formula
94 as defined by the Federal Food, Drug, and Cosmetic Act, 21
95 U.S.C. ss. 301 et seq.
96 3. A liquid that is designed and consumed only as a dietary
97 supplement as defined in the Dietary Supplement Health and
98 Education Act of 1994, Pub. L. No. 103-417, and not as a
99 beverage.
100 4. Products that are frozen at the time of sale to the
101 consumer or, in the case of institutional users such as
102 hospitals and nursing homes, at the time of sale to such users.
103 5. Products designed to be consumed in a frozen state.
104 6. Instant drink powders.
105 7. Seafood, meat, or vegetable broths or soups, but not
106 juices made or derived from these products.
107 8. Milk and all other dairy-derived products, except tea
108 and coffee drinks containing such products.
109 (e) “Deposit beverage container” means a sealed, individual
110 container made of glass, aluminum, steel, bimetal, or plastic,
111 including polyethylene terephthalate, high-density polyethylene,
112 and all other plastic types and grades, in sizes of at least 6
113 fluid ounces but no more than 1 gallon, and used, at the time of
114 sale to the consumer, for containing a deposit beverage intended
115 for use or consumption in this state.
116 (f) “Distributor” means a person who manufacturers deposit
117 beverages in deposit beverage containers in this state or who
118 buys, brings, or accepts delivery of deposit beverage containers
119 from an address, supplier, or any entity outside this state and
120 who engages in the sale of filled deposit beverage containers to
121 a dealer or consumer. The term includes federal agencies and
122 military distributors, but does not include airlines and
123 shipping companies that merely transport deposit beverage
124 containers.
125 (g) “Mobile redemption center” means a redemption center
126 that offers container redemption services to residences,
127 businesses, or both on their respective sites, either on a one
128 time or regular basis, regardless of whether the services are
129 offered in association with a dealer or permanent redemption
130 center.
131 (h) “On-premises consumption” means the immediate
132 consumption of deposit beverages within the area under the
133 control of the airplane, bar, restaurant, cafe, passenger ship,
134 or other establishment where they are sold.
135 (i) “Person” means a federal agency; the state or a
136 political subdivision of the state; an individual, partnership,
137 firm, association, public or private corporation, trust, or
138 estate; or any other legal entity.
139 (j) “Recycling facility” means all contiguous land,
140 structures, appurtenances, and improvements on land that is:
141 1. Used for the collection, separation, recovery, and sale
142 or reuse of secondary resources that would otherwise be disposed
143 of as municipal solid waste; and
144 2. An integral part of a manufacturing process aimed at
145 producing a marketable product made of post-consumer material.
146 (k) “Redeemer” means a person, other than a dealer or
147 distributor, who demands the refund value in exchange for the
148 empty deposit beverage container.
149 (l) “Redemption center” or “permanent redemption center”
150 means a facility registered under this section which operates at
151 a fixed location and which accepts empty deposit containers from
152 consumers or redeemers, provides the refund value for empty
153 deposit beverage containers intended to be recycled, and ensures
154 that such containers are properly recycled.
155 (m) “Reverse vending machine” means a mechanical device
156 that accepts one or more types of empty deposit beverage
157 containers and issues cash, electronic credit, or a redeemable
158 credit slip with a value not less than the containers’ refund
159 value.
160 (n) “Satellite drop-off site” means a designated site where
161 participating consumers bring empty containers for subsequent
162 processing at a redemption center.
163 (3) REFUND VALUES.—Beginning July 1, 2021, each deposit
164 beverage container sold or offered for sale in this state must
165 have one of the following refund values, as appropriate, when
166 empty:
167 (a) Five cents for each deposit beverage container with a
168 volume of at least 6 fluid ounces but less than 25 fluid ounces.
169 (b) Ten cents for each deposit beverage container with a
170 volume of at least 25 fluid ounces but not more than 1 gallon.
171 (4) DEPOSIT FEE.—
172 (a) Beginning on July 1, 2021, each deposit beverage
173 distributor must charge a dealer or consumer in this state a
174 deposit fee equal to the refund value for each deposit beverage
175 container sold to the dealer or consumer. The charge for the
176 deposit fee may appear as a separate line item on the invoice.
177 (b) Beginning on July 1, 2021, each dealer must charge a
178 consumer in this state, at the point of sale, a deposit fee
179 equal to the refund value for each deposit beverage container
180 sold to the consumer, except on beverages intended for on
181 premises consumption. The charge for the deposit fee may appear
182 as a separate line item on the invoice.
183 (c) Each deposit beverage container sold or offered for
184 sale in this state must be clearly identified by a stamp, label,
185 or other mark securely affixed to or printed on the deposit
186 beverage container which bears the word “Florida” or the letters
187 “FL” and indicates the refund value of the deposit beverage
188 container. The beverage distributor must provide such stamp,
189 label, or other mark.
190 (d) Inventory already in circulation on July 1, 2021, must
191 be affixed with an adhesive sticker that bears the word
192 “Florida” or the letters “FL” and indicates the refund value of
193 the deposit beverage container. The beverage distributor must
194 provide such a sticker.
195 (e) Once a refund value has been affixed to or printed on a
196 deposit beverage container, the deposit fee on that container
197 may not be changed.
198 (5) REDEMPTION CENTERS.—
199 (a) A person may not establish or operate a redemption
200 center without registering with the department, on a form the
201 department furnishes, and providing such information as the
202 department deems necessary for such registration. The operator
203 of the redemption center shall report any change in the
204 information provided to the department within 48 hours after the
205 change. At a minimum, the department must obtain all of the
206 following information from a redemption center registrant:
207 1. The name and business address of the business owner of
208 the redemption center.
209 2. The types of deposit beverage containers to be accepted
210 and whether deposit beverage containers will be accepted from
211 redeemers, dealers, or both.
212 3. The hours of operation and whether the center will
213 operate a mobile redemption center or provide a satellite drop
214 off site.
215 (b) A person establishing a redemption center has the right
216 to determine the kind, size, or brand of deposit beverage
217 container that will be accepted. A redemption center may be
218 established to serve all persons or to serve only specified
219 consumers, redeemers, and dealers.
220 (c) Municipal and county governments, nonprofit agencies,
221 dealers, and individuals may register to operate a redemption
222 center.
223 (d) The department may review the registration of a
224 redemption center at any time.
225 (e) Except for redemption centers operated by a certified
226 recovered materials dealer, a redemption center shall do all of
227 the following:
228 1. Verify that all deposit beverage containers to be
229 redeemed bear a valid Florida refund value.
230 2. Pay to the redeemer the full refund value for all
231 deposit beverage containers as provided for in this section.
232 3. Ensure that all deposit beverage containers collected
233 are recycled through a contractual agreement with an out-of
234 state recycler or an in-state certified recovered materials
235 dealer.
236 (f) A redemption center must be maintained in full
237 compliance with applicable laws and with the orders and rules of
238 the department.
239 (g) A redemption center may not pay the refund value on any
240 broken, corroded, or flattened deposit beverage container or any
241 deposit beverage container that contains a free-flowing liquid,
242 does not properly indicate a refund value, or contains a
243 significant amount of foreign material.
244 (h) For purposes of this section, a redemption center is
245 deemed to be sponsored by a dealer if there is an agreement
246 between the dealer and the redemption center operator requiring
247 the redemption center to remove empty deposit beverage
248 containers from the dealer’s premises.
249 (6) REVERSE VENDING MACHINES.—
250 (a) A redemption center may use a reverse vending machine
251 if the machine accepts all of the same types of empty deposit
252 beverage containers and pays out appropriate refunds in cash,
253 electronic credit, or a redeemable voucher for those containers
254 that bear a valid Florida refund value. If more than one
255 container is redeemed in a single transaction, the refund value
256 for all redeemed containers must be aggregated before payment is
257 made.
258 (b) A redemption center or dealer that uses reverse vending
259 machines must ensure that the machines are routinely serviced to
260 maintain proper operation, continuous acceptance of containers,
261 and payment of refunds.
262 (7) REQUIREMENTS FOR DEALERS.—
263 (a) A dealer may not refuse to accept from any person and
264 redeem at the dealer’s place of business any empty deposit
265 beverage container of the kind, size, or brand the dealer uses
266 to sell deposit beverages or refuse to pay to such person the
267 refund value of the deposit beverage container as established by
268 this section, unless:
269 1. The deposit beverage container is broken, corroded, or
270 flattened; contains a free-flowing liquid; does not properly
271 indicate a refund value; or contains a significant amount of
272 foreign material; or
273 2. There is a redemption center located within 1 mile of
274 the dealer’s place of business which accepts empty deposit
275 beverage containers of the kind, size, or brand sold by the
276 dealer at the dealer’s place of business. This subparagraph does
277 not apply unless the dealer posts a clear and conspicuous sign
278 at each public entrance to its place of business which specifies
279 the name, address, and hours of operation of the closest
280 redemption center location.
281 (b) If a dealer discontinues the sale of a deposit beverage
282 container of the kind, size, or brand previously sold at the
283 dealer’s place of business, the dealer may not refuse to accept
284 and redeem such containers for the 60-day period immediately
285 after the dealer’s last sale of that kind, size, or brand of
286 deposit beverage container. The dealer shall post at the point
287 of sale a notice of the last date on which the discontinued
288 kind, size, or brand of deposit beverage container may be
289 redeemed. Such notice must be so posted for the entire 60-day
290 period.
291 (c) A dealer who accepts empty deposit beverage containers
292 shall do all of the following:
293 1. Verify that all empty deposit beverage containers to be
294 redeemed bear a valid Florida refund value.
295 2. Pay to the redeemer the full refund value for all empty
296 deposit beverage containers as provided in this section.
297 3. Ensure that each deposit beverage container collected is
298 recycled through a contractual agreement with an out-of-state
299 recycler or an in-state certified recovered materials dealer.
300 (8) REQUIREMENTS FOR DISTRIBUTORS.—
301 (a) A distributor may not refuse to accept any empty
302 deposit beverage container of the kind, size, or brand sold by
303 the distributor or refuse to pay to a dealer or redemption
304 center operator the refund value of a deposit beverage container
305 established by this section if:
306 1. The deposit beverage container is from a dealer or the
307 operator of a redemption center, if such dealer or operator is
308 located within the territory of the distributor; or
309 2. The deposit beverage container is from an operator of a
310 redemption center who certifies to the distributor that the
311 redeemed container was from a dealer located and operated
312 exclusively within the territory of the distributor.
313 (b) A distributor may refuse to accept and redeem an empty
314 deposit beverage container that is broken, corroded, or
315 flattened; contains a free-flowing liquid; does not properly
316 indicate a refund value; or contains a significant amount of
317 foreign material.
318 (c) A distributor shall remove any empty deposit beverage
319 containers from the premises of a dealer serviced by the
320 distributor or from the premises of a redemption center
321 sponsored by any dealer serviced by the distributor when such
322 premises are located within the territory of the distributor.
323 (d) The distributor shall pay the refund value to a dealer
324 in accordance with a schedule for payment agreed to by the
325 dealer and the distributor for full deposit beverage containers.
326 The distributor shall pay the refund value to an operator of a
327 redemption center not more than 20 days after receipt of the
328 empty deposit beverage container.
329 (e) If a distributor discontinues the sale of a deposit
330 beverage container of the kind, size, or brand previously sold
331 at the dealer’s place of business, the distributor may not
332 refuse to accept and redeem such container during the 150-day
333 period immediately after the distributor’s last day of delivery
334 of that kind, size, or brand of deposit beverage container. Not
335 less than 120 days before the last date on which such container
336 may be redeemed, the distributor must notify the dealer who
337 bought the discontinued kind, size, or brand of deposit beverage
338 container that the distributor no longer redeems that empty
339 container.
340 (9) HANDLING FEE REIMBURSEMENT.—Upon a dealer or a
341 redemption center redeeming empty deposit beverage containers,
342 the distributor, in addition to the refund for such beverage
343 containers, must pay the dealer or redemption center a handling
344 fee in an amount equal to at least 20 percent of the deposit
345 returned to the consumer.
346 (10) REQUIRED INFORMATION AND RECORDS.—
347 (a) Beginning August 1, 2021 and every 4 months thereafter,
348 all dealers, distributors, redemption centers, and recycling
349 facilities that accept empty deposit beverage containers shall
350 submit the following information to the department:
351 1. The amount and type of deposit beverage containers
352 accepted and rejected;
353 2. The amount of refunds paid out;
354 3. The amount and weight of each type of deposit beverage
355 container transported to each out-of-state recycler and in-state
356 certified recovered materials dealer; and
357 4. Copies of transport and weight receipts from recycling
358 facilities. If the redemption center and the recycling facility
359 are the same entity, receipts must be independently verified.
360 Such documentation may be used for periodic, random department
361 audits of redemption centers.
362 (b) The records of all such dealers, distributors,
363 redemption centers, and recycling facilities must be made
364 available, upon request, for inspection by the department, a
365 duly authorized agent of the department, or an auditor employed
366 by the state.
367 (c) Pursuant to s. 815.04, information that, if disclosed,
368 would reveal a trade secret as defined in s. 812.081, and that
369 must be reported in accordance with this section or rules
370 adopted pursuant to this section, is confidential and exempt
371 from s. 119.07(1) and s. 24(a), Art. I of the State
372 Constitution. However, for reporting or other informational
373 purposes, the department may provide potential trade secret
374 information in such a form that the names of the persons
375 reporting the information and the specific trade secret
376 information are not revealed.
377 (11) RULES.—The department shall adopt rules pursuant to
378 chapter 120 to implement this section. Such rules must include,
379 but need not be limited to, provisions for the redemption of
380 empty deposit beverage containers dispensed through vending
381 machines; the use of reverse vending machines that dispense
382 cash, electronic credit, or a redeemable voucher to consumers
383 for redemption of empty deposit beverage containers; the
384 scheduling of redemption by dealers and distributors; and
385 exemptions or modifications to the labeling requirements of this
386 section.
387 (12) OBLIGATION; VIOLATION OF SECTION; PENALTY; REQUIRED
388 SIGNAGE.—
389 (a) The obligation of a distributor or dealer to accept or
390 take empty deposit beverage containers and to pay the refund
391 value and handling fees for such containers applies only to
392 deposit beverage containers originally sold in this state as
393 filled deposit beverage containers.
394 (b) A person may not, during a single transaction, tender
395 to a dealer, distributor, or redemption center more than 24
396 empty deposit beverage containers that the person knows, or has
397 reason to know, were not originally sold in this state as filled
398 deposit beverage containers. A person who violates this
399 paragraph commits a noncriminal infraction, punishable by a
400 civil penalty of $100, which must be deposited in the
401 Administrative Trust Fund of the department and used to
402 administer this section.
403 (c) At each location where customers tender empty deposit
404 beverage containers for redemption, dealers and redemption
405 centers must conspicuously display a sign with letters that are
406 at least 1 inch in height advising consumers of the prohibition
407 and penalty imposed in paragraph (b).
408 (13) PREEMPTION.—A county or municipality may not impose or
409 collect any assessment or fee on deposit beverage containers for
410 the same or a similar purpose as that of this section.
411 Section 2. This act shall take effect upon becoming a law.
