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HomeMy WebLinkAboutR-85-0532J-85-521 S/2 2/S s H RESoLUTION No. 85-532 El A RESOLUTION SUPPORTING PASSAGE OF PROPOSED STATE SENATE BILL 92 (SB 92) IN THE FLORIDA LEGISLATURE CONCERNING THE REQUIREMENT FOR A DEPOSIT ON BEVERAGE CONTAINERS AND BOTTLES IN ORDER TO ASSIST THE CITY IN MAINTAINING A CLEANER ENVIRONMENT; FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THIS RESOLUTION TO Z�HE OFFICIALS NAMED HEREIN. DE IT RESOLVED B�'THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby expresses its support of proposed State Senate Bill 92 (SB 92) in the Florida Legislature concerning the requirement for a deposit on beverage containers and bottles in order to assist the City in maintaining a cleaner environment. Section 2. The City Clerk is hereby directed to forward a copy of this resolution to the Speaker of the Florida House of Representatives, the President of the Florida Senate and to each member of the Dade County Delegation. PASSED AND ADOPTED this 23rd day of MAY , 1985. MAURICE A. FERRE MAURICE A. FERRE MAYOR TEST: RALPH G. ONGIE CITY CLERK APPROVED/AS L UC I A A. DODU ti E K-r 1 CITY ATTORNEY CITY OF MIAMI. FLORIDA 1N4OFF1Ct MEMORANDUM 22 VA BILE TO DATE May 22, 1985 Honorable Demetrio Perez, Jr. City Commissioner SUBJECT proposal State Bottle Bill FROM Sergio Pereir� REFERENCES City Manager ENCLOSURES State Legislation has been introduced in Tallahassee this year that would require a deposit on metal beverage containers as well as bottles. This bill would assist the City in maintaining a cleaner environment. Both the House and Senate have substituted those proposals with practically identical bills that would establish a committee composed of 8 members appointed by the President of the Senate and the speaker of the House. This committee would study the issues raised by SB 92 (attached) and any other proposals that promote litter control and recycling efforts. The Senate bill (CS for SB 92 - Attached) is on the calendar for a Senate Vote and the Committee. tee. This nissue House appears isbill in lbe hHouse headed for Appropriate approval this session. Please let me know if I can be of further assistance to you- --I (ra ibrlda sense - M5 CS a SB 92 By. Committee on Economic, community and Consumer Affairs and Senators Halchon and McPherson- 1 2 3 41 • a a 6 �y 8 c a ur 9 4" « 10 � c �+ • 11 or 12 o« "a 13 rr �o .. r 14 rJ 15 c �« 16 «o ISO 17 v� 19 ao r 20 rc aO 21 o � 27 0o c 2' r 24 o.c « r 2! co 21 2 2 2 3 3 A bill to be entitled An act creating the Florida Container Deposit, Litter Control, and Recycling Study Committee; providing for membership, duties, and fundingi providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Florida Container Deposit, Litter Control, and Recycling Study Committee; membership.-- (1) There is crested • select joint committee of the Legislature designated the Florida Container Deposit, Litter Control, and Recycling Study Coemittee, composed of a members as follows: four members of the Senate appointed by the President of the Senate, and four members of the House of Representatives appointed by the Speaker of the House. (2) The committee members shall be appointed as soon as practicable after July 1, 1985, and shall meet to organise and elect a chairman and vice chairman at a time, date, and location determined by the presiding officers. Section 2. Duties and reports.-- (1) The committee: (a) Shall study issues raised by 1985 Regular Session SB 92, relating to beverage containers, commonly referred to i as 'the bottle bill.- i (b) Shall prepare a cost -benefit analysis of the 1 provisions of 1985 Regular Session Se 92 and any other 3 proposals which promote litter control and recycling efforts. 9 (c) Shall review the effects of laws in other states 0 which have enacted laws relating to litter control and 1 recycling. 1 CODING: Words stricken are deletions; words underlined are additions. 77777177777 F, C { Cs for se 92 311-1209-85 it (d) Shall review alternative litter control and 2 recycling plans. conduct meetings throughout the state to take 3 ( May 4 testimony, including testimony of expert witnesses, related to S litter control and recycling in Florida from interested 6 parties. 7 (f) May develop and analyze economic models with e respect to any of the core.ittea's proposals. 1 (9) May receive tar Cass, and travel allowances as 10 provided in a. 112.Oti, t,ior:Gt Ltr.tutei. ll (h) Shall prtptrt w G :taut a tii,&l report on or 12 before March lb, l9bt, racou+tua.n,, it necessary, proposed 13 legislation to implement its i:ncinya. The committee shall 14 terminate upon the issuance of its tinal report. 15 Section 3. The committee sway employ a staff director, 16 a research sasiatant, and a secretary to serve as staff to the 17 committee. 1B Section C. The amount of $92,500 is hereby 19 appropriated troa the General Revenue Fund to the Florida 20 Container Deposit, Litter Control, and Recycling Study 1 Committee tur tht purpose of paying the salaries and benefits 12 of the employees of the committee and for the purpose of 23 paying the other expenses incurred by the committee in the 24 performance of its duties. 25 Section 5. This act is repealed effective July 1, 26 1986. 27 Section 6. This act shall take effect upon becoming a 28 law. 29 Y� �MM W 311 2 CODI*G: fiords stricken are deletions'- words underlined are additions. STATEMENT or SUBSTANTIAL CHANGES CONTAINED IN COMMITTEE SUBSTITUTE FOR SENATE BILL _ 2 Replaces the provisions of SB 92 rich provisions establishing a select joint committee to be named the Florida Container Deposit, Litter Control, and Recycling A Study Committee. t 1 Provides that the committee be composed of i members of the Senate to be appointed by the President of the Senate and 4 members of the House of Representatives to be appointed by the Speaker of the House. Requires the committee to study issues raised by 1985 Regular Session SB 92, relating to beverage containers, y to prepare a cost -benefit analysis of the provisions of the 1985 Regular Session SB 92 and any other proposals which promote litter control and recycling efforts, to review the effects of laws in other states which have enacted similar legislation relating to litter control and recycling, to review alternative litter control and recycling plans, and allows the committee to conduct relating meetings throughout the state to take testimony to litter control and recycling in Florida, and to develop and analyze economic models with respect to any of the committee's proposals. The committee is to prepare and issue a final report on or before March 18, 1986, recommending, if necessary, proposed legislation to implement its findings. Provides that the committee may employ a Staff Director 1, a Research Assistant II, and a Secretary Iv to serve as staff to the committee. Provides that $92,500 be appropriated from the General Revenue Fund for the purpose of paying the salaries and benefits of the committee's employees and other expenses incurred by the committee in the performance of its duties. J 6 W I noem.8amase—,ws $8 92 BY' Senator Malchon 1 A bill to be entitled Ln .._ 2 An act relating to beverage containers; ' 3 providing legislative findings; providing 6 definitions; providing refund values for u O 5 certain beverage containers; requiring certain a0 6 practices by consumers, dealers, distributors, . u 7 manufacturers, and vending machine operators; 41 : 8 providing for establishment of redemption p 9 center/service; providing for a handling fee; w� a o 10 prohibiting certain metal beverage containers; ma m4 11 prohibiting certain devices to connect beverage - w w 12 containers; authorizing the adoption of rules 0 13 by the Department of Business Regulation; 16 requiring the Department of Education to y 15 distribute certain materials; providing 16 penalties; limiting the effect on local rJ 5 17 governmental authority; providing an effective v w 18 date. _ otP 20 Be It Enacted by the Legislature of the State of Florida: ■� 21 ■v c 22 Section 1. Legislative findings. --The Legislature I °� i ■ 23 finds that improperly discarded beverage containers represent 24 a significant waste of important state and national energy and as 25 material resources; create a hazard to vehicular traffic; 0 26 cause injuries to pedestrians, animals, and machinery; and a 27 contribute to the unsightly accumulation of litter which must 28 be removed at public expense. Beverage containers which are 29 disposed of create an unnecessary addition to local government 30 solid waste disposal problems and constitute a waste of 31 energy. The Legislature finds that requiring a deposit on all l CODING: Words stricken are deletions; words underlined are additions. T. ", ,: I.t .. 4L�c I. s'v4r C A. . .. 'F.•vTs'• ct,Y7x2N',�i5i :S _ - 18-182A-85 1 beverage containers provides an incentive for collection and 2 reuse or recycling of such containers, thereby creating 3 additional opportunitie& for employment within this state. 4 Section 2. Datirit.on.,--Ax used in this act: 5 (1) '8everagt' wttriL bttr, tic, or othcr nialt drink, 6 mineral waters, boat vtttr, LnC Lott drl[;LX, -tttthtr or not 7 carbonated, in liquid fork: L11C :nttnden for hulr.Ln consumption. 8 (2) 'iiiodegranLLic k,r.ter:L1` wttr,t Lny k,aterial which 9 is capable of being bror.cr, now; by Lecttrie or ligtit into its = constituent parts withlr, 12C UYX Lfte:r being discarded. 21 (3) 'Container' wcanL tr,t individual, separate, and 12 sealed glass, metal, or plaatic bottle, can, or jar containing 13 a beverage which container has been sealed by the manufacturer 14 and which, at the time of s♦lr, contains 1 gallon or less of a 15 beverage. 16 (4) 'Consurtr' rrtana any person who purchases a 17 beverage in a beverage container for consumption with no 18 intent to reaeil such be:veragt. 19 (5) `Dtaltr' r,tLnL Eny person in this state who 20 engages in the aL1t of LtvtregcL in containers to a Consumer 21 including, but not liG.lt.et, tc, Ln operator of a vending 271 machine containing bevtrcgt containtrs. (6) 'Distributor` weans any person who engages in the 24 sale of beverages in Couteiutra to L dtaltr in this state 25 including any manufacturer wno tngbges in such sales. 26 (7) *Manufacturer' means any person bottling, canning, 27 or otherwise filling containers for sale to distributors or 28 dealers. 29 (8) •Nonrefillable beverage container' means a 30 container which, after being used by a consumer, is not to be 31 reused as a beverage container by a manufacturer, 2 • 18-182A-85 1 (9) "Refillable beverage container" means a containers _ 2 which, after being used by a consumer, is to be reused as a C L 3 beverage container at least five times by a manufacturer. .4 (10) 'Redemption center/service' means a business 5 other than a dealer or distributor which offers to redeem for 6 the amount of deposit any empty beverage container, 7 Section 3. Refund value required. -- a (1) Every beverage container sold or offered for sale 9 in this state shall have a refund value established by the 10 distributor of not less than 5 cents, 11 (2) Each beverage container shall have the refund 12 value, and the word 'Florida' or the letters 'Pla,', clearly 13 indicated by embossing, by a stamp, or by a label or other 14 device securely fixed to any portion of the container other 15 than the bottom. A dealer, redemption center/service, or 16 distributor may refuse to accept from a person any empty 17 beverage container which does not state such information on ..., 18 the container. This saction does not apply to containers sold �..' 19 by a distributor for use by a common carrier in the conduct of 20 interstate passenger service, 21 (3) Nothing in this section shall apply to refillable 22 beverage containers having a brand name permanently marked 23 thereon which, on the effective date of this act, has a refund 24 value of not less than 5 cents, 25 Section 4. Consumers, dealers, distributors and 26 vending machine operators; required practices.-- 27 (1) Each consumer shall deposit with the dealer the 28 refund value of each container purchased from that dealer. 29 However, no deposit shall be required if the container is sold 30 for consumption on the premise. 31 CODING: fiords strieken are deletions; words underlined are additions. 3 , CODING: fiords strieken are deletions; words underlined are additions. r ; 18-182A-85 1 (2) Except as provided in subsection (4), a dealer 2 shall accept from any consumer or other person not a dealer 3 any empty, unbro6tin, and reasonably clean beverage container • of the type, Lixt, tr,c brand Lola by the ataltr within the 5 past 60 days ar+C Lt.tii pty 11, ctzt: the refund value of the 6 returned beveragt curet:r,tr. 7 (3) k oealtr wail infc m consumers that beverages are sold in returnt+bit tLvtro;,e cur,ttir+trs by pltcing a sign, or a shelf label, or butt., in cloLs e,rusirity tc any scles display 10 of beveragt cunttiotr_. Sucn t Licv, or ltbtl :hall indicate 11 the amount of etl,uL.t requirca tar ttcti coi,ttiner and that 12 such contalners tit rtturi,tL1L. It t act/tr participates in a 13 redemption ctr,ttr/ttry Ct, tht 10CLCibn ut thtt redemption 16 center/servict stall t,t ix,Ltec. 15 (f) k weber L.ty liu.it tht totti number of containers 16 which he will accept trom. tr.. ont consumer in any 1 business 17 day to 56 cont.tinLrL. LuCt, seder sty rtfuse to accept 18 container& for t ptrlou of riot mart Lt,&n 3 Hours during any 19 busineaL dty, pruvLcec, Luce: hours during vnich containers 20 will not be acceptec trc conspicuously posted. r(5) tact, optrttor cr e. veuc:nc mtcnine which sells 22 beverage& in cola tintrL Lt.Lll post t conmpicuous notice on 23 each vending riact.ire :ndicttinc, tt,tt it refund is available on 24 each container ),urct,ctec. tnc inCictting where end from whom 25 that refund tLty bt abtt:nea. Th t provisions of this 26 subsection shell not be construed to require vending machine 27 operators to proviot retunas tt the premises wherein such 28 vending machines are located. 29 (6) A distributor shall accept from a dealer any 30 empty, unbroken, and reasonably clean beverage container of 31 the type, size, and brand sold by the distributor within the 4 CODING:•Words strieken are deletions; words underlined are additions. 1 2 .-. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 .- 18 19 20 21 22 23 24 • 25 26 1 27 28 _ 29 30 31 C� 18-182A-85 ('+ V past 60 days and shall pay the dealer or his agent, within 10� working days, the refund value of the container plus a V handling fee of at least 30 percent of the refund value of each container. (7) A distributor may refuse to accept from any person who is not a dealer a quantity less than 599 containers of the type, size, and brand sold by the distributor. (8) A distributor shall not be required to pay a manufacturer a deposit on a nonrefillable beverage container. (9) Any person may establish a redemption center/service and shall have the right to determine what type, size, and brand of container shall be accepted. Such redemption center/service may contract with a dealer or a distributor to collect and provide for the recycling of empty .beverage containers. The distributor shall accept any empty, unbroken, and reasonably clean beverage container of the type, size, and brand sold by the distributor within the past 60 days and shall pay such redemption center/service, within 10 working days, the refund value of such beverage container, plus a handling fee not less than 30 percent of such refund values. Section 5. Certain metal containers prohibited. --No person shall sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container. Section 6. Certain holding devices for containers prohibited. --No dealer shall sell or offer for sale in this state containers connected to each other by a separate holding device constructed of plastic rings or any other device or i material which is not biodegradable. 3 1 5 1 )DING: Words strieken are deletions; words underlined are additions 16-182A-85 1 Section 7. Department of Business Regulation; powers 2 and duties. --The Department of Buarness Regulation, after 3 consultation with tht Department of fnviroruutntal Regulation, i shall adopt rultt rnece:-.t#-rl to a,n:nisttr 0.11 mct, including 5 the regulation of rtaewpt.or, cti;ttr istr,'.ctz. eruct, rules L shall provide that 6tttt iniorwLttantl wcttriti, including but 7 not liLitad to, travtl pamphltta and roan maps, printed after 6` Decewbtr 31, 19b5 shall contain information related to this gi act. Such informational wattrial shall contain a statement 10 Aeldting to tilt deposit law, urging travelers to avoid 11 litttring. 12 Stctiorn b. Tht Department of Education shall 13 incorporatt mt ormttion cartctrning this act into educational it materitla d'.ttr'.Ua:teC to primary and secondary schools within 15 the start, urt,ing tr; enC tc litttring. 16 Sectial, �. Ycnaltl•--Anp ptraon who violates any of 17 the provision& at tr.:t act :t uzlty of a misdemeanor of the 18 second degret, pur.ict.�t,lt r.a l.,ruv:Ced in s. 775.082, s. 19 775.063, or Y. 77 .Oba, Cloride St4tutta. 20 Section IC, t1ttct ar; loco? government authority.-- 21 Notwithstantinq tilt provilioni of L. 4LO3.70b(2), Florida 27, ,Wtatutes, nothing in this act shall be construed to limit the 23 authority of any municipality or county, otherwise empowered 24 by law, to enact and enforce ordinances relating to containers 25 or litter control. 26 Section 11. This act shall take effect October 1. 27 28 29 30 31 1985. 6 CODING:,Words stricken are deletions; words underlined are additions. 18-162A-85 1 2 l 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U 21 1 21 '4- 2'. C7 Ln 11t11f t1f t1ttlf tftlf tf tf tiff if ttfltff•1tf ' SENATE SUNKARY Requires a deposit and a refund for certain beverage containers. Provides conditions for refunding deposits on certain beverage containers. Prohibits certain beverage containers and certain devices to hold beverage containers together. Provides for regulation by the Department of Business Regulation. Requires the Department of Education to distribute certain educational materials. Provides criminal penalties. Limits the affect on local governmental authority.