Florida 2023 Regular Session

Florida House Bill H0691 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to the recycling of covered electronic 2
16	16	devices; creating s. 403.71853, F.S.; defining terms; 3
17	17	establishing the statewide Covered Electronic Device 4
18	18	Recovery Program within the Department of 5
19	19	Environmental Protection; authorizing the department 6
20	20	to use specified funds to administer the program; 7
21	21	specifying requirements for a statewide plan for the 8
22	22	recycling of covered electronic devices; requiring 9
23	23	counties to submit a specified plan for the disposal 10
24	24	of covered electronic devices by a specified date; 11
25	25	requiring the owners or operators of certain 12
26	26	facilities to dispose of such facilities' covered 13
27	27	electronic devices in a permitted reclamation facility 14
28	28	beginning on a specified date; prohibiting any person 15
29	29	from disposing of covered electronic devices except at 16
30	30	a permitted reclamation facility beginning on a 17
31	31	specified date; providing civil penalties; authorizing 18
32	32	such penalties to be waived under certain conditions ; 19
33	33	providing applicability; requiring the department to 20
34	34	deposit any funds received pursuant to the program 21
35	35	into the Solid Waste Management Trust Fund to be used 22
36	36	for specified purposes; requiring the department to 23
37	37	adopt rules that meet certain requirements b y a 24
38	38	specified date; providing an effective date. 25
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47	47	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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52	52	WHEREAS, it is recognized that China presents the broadest, 27
53	53	most active and persistent cyber espionage threat to the United 28
54	54	States Government and private sector networks, and 29
55	55	WHEREAS, the technology p roducts and services most 30
56	56	vulnerable to malicious foreign exploitation are sold by 31
57	57	companies that the Chinese Government influences through whole 32
58	58	or partial ownership, direct funding, or members placed in high -33
59	59	ranking company positions, and 34
60	60	WHEREAS, it is the intent of the Legislature to incentivize 35
61	61	and provide the necessary infrastructure to recycle electronic 36
62	62	and technology products in the state in order to reduce our 37
63	63	economic reliance on such products made in China, NOW, 38
64	64	THEREFORE, 39
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66	66	Be It Enacted by the Legislature of the State of Florida: 41
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68	68	Section 1. Section 403.71853, Florida Statutes, is created 43
69	69	to read: 44
70	70	403.71853 Recycling of covered electronic devices. — 45
71	71	(1) DEFINITIONS.—As used in this section, the term: 46
72	72	(a) "Covered electronic device" mea ns a computer, portable 47
73	73	computer, computer monitor, or television, whether it has a 48
74	74	cathode ray tube or flat panel based on any technology, with a 49
75	75	screen size greater than 4 inches measured diagonally. The term 50
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84	84	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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88	88	does not include an electronic device that is : 51
89	89	1. A part of a motor vehicle or any component part of a 52
90	90	motor vehicle assembled by or for a vehicle manufacturer or 53
91	91	franchised dealer, including, but not limited to, replacement 54
92	92	parts for use in a motor vehicle; 55
93	93	2. Functionally or physically a part o f a larger piece of 56
94	94	equipment designed and intended for use in an industrial, 57
95	95	commercial, or medical setting, including, but not limited to, 58
96	96	diagnostic, monitoring, or control equipment; 59
97	97	3. Contained within a clothes washer, clothes dryer, 60
98	98	refrigerator, refrigerator and freezer, microwave oven, 61
99	99	conventional oven or range, dishwasher, room air conditioner, 62
100	100	dehumidifier, or air purifier; or 63
101	101	4. A telephone of any type. 64
102	102	(b) "Reclamation facility" means a site permitted by the 65
103	103	department where equipment is used to handle, process, 66
104	104	disassemble, dismantle, shred, recapture, or store recoverable 67
105	105	materials. The term includes, but is not limited to, composting 68
106	106	or remediation facilities. 69
107	107	(2) STATEWIDE COVERED ELECTRONIC DEVICE RECOVERY PROGRAM. —70
108	108	The statewide Covered Electronic Device Recovery Program is 71
109	109	established within the Department of Environmental Protection. 72
110	110	The department may use funds from the Solid Waste Management 73
111	111	Trust Fund to administer the program. The purpose of the program 74
112	112	is to create a statewid e plan for the recycling of covered 75
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121	121	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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125	125	electronic devices. In creating the statewide plan, the 76
126	126	department must consider all of the following: 77
127	127	(a) Existing collection and consolidation infrastructure 78
128	128	for collecting covered electronic devices. 79
129	129	(b) Convenience standards for each county or solid waste 80
130	130	authority serving one or more counties. 81
131	131	(c) County population statistics and data of residents. 82
132	132	(d) Administrative costs and other authorized expenses 83
133	133	necessary to prevent the disposal of covered electric dev ices in 84
134	134	landfills. 85
135	135	(3) COMPLIANCE TIMELINE. — 86
136	136	(a) By January 1, 2025, each county must submit a plan to 87
137	137	the department for ensuring the county will appropriately 88
138	138	dispose of covered electronic devices at a permitted reclamation 89
139	139	facility. 90
140	140	(b) Effective January 1, 2026, any person who owns or 91
141	141	operates an industrial, institutional, or commercial facility in 92
142	142	this state shall dispose of that facility's covered electronic 93
143	143	devices in a permitted reclamation facility. 94
144	144	(c) Effective January 1, 2028, it is unla wful for any 95
145	145	person to dispose of covered electronic devices in this state 96
146	146	except at a permitted reclamation facility. 97
147	147	(4) CIVIL PENALTY.—A person who engages in an unlawful act 98
148	148	as provided in this section or who violates the rules of the 99
149	149	department adopted pursuant to this section is liable for 100
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158	158	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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162	162	damages and subject to civil penalties under s. 403.141. The 101
163	163	penalty may be waived if the person has previously taken 102
164	164	appropriate corrective action to remedy the actual damages, if 103
165	165	any, caused by the unlawful act or rule violation. Section 104
166	166	403.161 does not apply to this section. 105
167	167	(5) PROGRAM FUNDS.—The department shall dep osit any funds 106
168	168	received pursuant to this section into the Solid Waste 107
169	169	Management Trust Fund and shall account for such funds 108
170	170	separately within the fund. The funds may be used upon 109
171	171	appropriation to provide grants to local governments and other 110
172	172	public and private entities to develop and operate regional 111
173	173	covered electronic device recycling programs and for 112
174	174	administrative costs and other authorized expenses necessary to 113
175	175	carry out the responsibilities of this section. 114
176	176	(6) RULES.—By July 1, 2024, the department shall adopt 115
177	177	rules to carry out this section. Such rules must include all of 116
178	178	the following: 117
179	179	(a) Criteria and procedures for obtaining a reclamation 118
180	180	facility permit. 119
181	181	(b) Standards for reclamation facilities and associated 120
182	182	collection centers and standard s for the storage of covered 121
183	183	electronic devices. 122
184	184	(c) Requirements for the collection of data on the amounts 123
185	185	of precious metals recovered through the program. 124
186	186	Section 2. This act shall take effect July 1, 2023. 125