HB 691 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the recycling of covered electronic 2
devices; creating s. 403.71853, F.S.; defining terms; 3
establishing the statewide Covered Electronic Device 4
Recovery Program within the Department of 5
Environmental Protection; authorizing the department 6
to use specified funds to administer the program; 7
specifying requirements for a statewide plan for the 8
recycling of covered electronic devices; requiring 9
counties to submit a specified plan for the disposal 10
of covered electronic devices by a specified date; 11
requiring the owners or operators of certain 12
facilities to dispose of such facilities' covered 13
electronic devices in a permitted reclamation facility 14
beginning on a specified date; prohibiting any person 15
from disposing of covered electronic devices except at 16
a permitted reclamation facility beginning on a 17
specified date; providing civil penalties; authorizing 18
such penalties to be waived under certain conditions ; 19
providing applicability; requiring the department to 20
deposit any funds received pursuant to the program 21
into the Solid Waste Management Trust Fund to be used 22
for specified purposes; requiring the department to 23
adopt rules that meet certain requirements b y a 24
specified date; providing an effective date. 25
HB 691 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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WHEREAS, it is recognized that China presents the broadest, 27
most active and persistent cyber espionage threat to the United 28
States Government and private sector networks, and 29
WHEREAS, the technology p roducts and services most 30
vulnerable to malicious foreign exploitation are sold by 31
companies that the Chinese Government influences through whole 32
or partial ownership, direct funding, or members placed in high -33
ranking company positions, and 34
WHEREAS, it is the intent of the Legislature to incentivize 35
and provide the necessary infrastructure to recycle electronic 36
and technology products in the state in order to reduce our 37
economic reliance on such products made in China, NOW, 38
THEREFORE, 39
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Be It Enacted by the Legislature of the State of Florida: 41
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Section 1. Section 403.71853, Florida Statutes, is created 43
to read: 44
403.71853 Recycling of covered electronic devices. — 45
(1) DEFINITIONS.—As used in this section, the term: 46
(a) "Covered electronic device" mea ns a computer, portable 47
computer, computer monitor, or television, whether it has a 48
cathode ray tube or flat panel based on any technology, with a 49
screen size greater than 4 inches measured diagonally. The term 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
does not include an electronic device that is : 51
1. A part of a motor vehicle or any component part of a 52
motor vehicle assembled by or for a vehicle manufacturer or 53
franchised dealer, including, but not limited to, replacement 54
parts for use in a motor vehicle; 55
2. Functionally or physically a part o f a larger piece of 56
equipment designed and intended for use in an industrial, 57
commercial, or medical setting, including, but not limited to, 58
diagnostic, monitoring, or control equipment; 59
3. Contained within a clothes washer, clothes dryer, 60
refrigerator, refrigerator and freezer, microwave oven, 61
conventional oven or range, dishwasher, room air conditioner, 62
dehumidifier, or air purifier; or 63
4. A telephone of any type. 64
(b) "Reclamation facility" means a site permitted by the 65
department where equipment is used to handle, process, 66
disassemble, dismantle, shred, recapture, or store recoverable 67
materials. The term includes, but is not limited to, composting 68
or remediation facilities. 69
(2) STATEWIDE COVERED ELECTRONIC DEVICE RECOVERY PROGRAM. —70
The statewide Covered Electronic Device Recovery Program is 71
established within the Department of Environmental Protection. 72
The department may use funds from the Solid Waste Management 73
Trust Fund to administer the program. The purpose of the program 74
is to create a statewid e plan for the recycling of covered 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
electronic devices. In creating the statewide plan, the 76
department must consider all of the following: 77
(a) Existing collection and consolidation infrastructure 78
for collecting covered electronic devices. 79
(b) Convenience standards for each county or solid waste 80
authority serving one or more counties. 81
(c) County population statistics and data of residents. 82
(d) Administrative costs and other authorized expenses 83
necessary to prevent the disposal of covered electric dev ices in 84
landfills. 85
(3) COMPLIANCE TIMELINE. — 86
(a) By January 1, 2025, each county must submit a plan to 87
the department for ensuring the county will appropriately 88
dispose of covered electronic devices at a permitted reclamation 89
facility. 90
(b) Effective January 1, 2026, any person who owns or 91
operates an industrial, institutional, or commercial facility in 92
this state shall dispose of that facility's covered electronic 93
devices in a permitted reclamation facility. 94
(c) Effective January 1, 2028, it is unla wful for any 95
person to dispose of covered electronic devices in this state 96
except at a permitted reclamation facility. 97
(4) CIVIL PENALTY.—A person who engages in an unlawful act 98
as provided in this section or who violates the rules of the 99
department adopted pursuant to this section is liable for 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
damages and subject to civil penalties under s. 403.141. The 101
penalty may be waived if the person has previously taken 102
appropriate corrective action to remedy the actual damages, if 103
any, caused by the unlawful act or rule violation. Section 104
403.161 does not apply to this section. 105
(5) PROGRAM FUNDS.—The department shall dep osit any funds 106
received pursuant to this section into the Solid Waste 107
Management Trust Fund and shall account for such funds 108
separately within the fund. The funds may be used upon 109
appropriation to provide grants to local governments and other 110
public and private entities to develop and operate regional 111
covered electronic device recycling programs and for 112
administrative costs and other authorized expenses necessary to 113
carry out the responsibilities of this section. 114
(6) RULES.—By July 1, 2024, the department shall adopt 115
rules to carry out this section. Such rules must include all of 116
the following: 117
(a) Criteria and procedures for obtaining a reclamation 118
facility permit. 119
(b) Standards for reclamation facilities and associated 120
collection centers and standard s for the storage of covered 121
electronic devices. 122
(c) Requirements for the collection of data on the amounts 123
of precious metals recovered through the program. 124
Section 2. This act shall take effect July 1, 2023. 125