This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0455b.ANR
DATE: 1/30/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 455 Comprehensive Waste Reduction and Recycling Plan
SPONSOR(S): Casello and others
TIED BILLS: IDEN./SIM. BILLS: SB 36
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency
Subcommittee
14 Y, 0 N Gawin Moore
2) Agriculture & Natural Resources Appropriations
Subcommittee
Byrd Pigott
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
Recycling is any process by which solid waste, or materials that would otherwise become solid waste, are
collected, separated, or processed and reused or returned to use in the form of raw materials or intermediate
or final products. In 2008, the Legislature set a statewide goal to recycle at least 75 percent of municipal solid
waste (MSW) by 2020. The Department of Environmental Protection (DEP) established numerous programs
and initiatives to reach the 75 percent recycling goal. In 2010, the Legislature built on this goal by requiring
counties to implement local recycling programs with interim goals of recycling MSW. Each Florida county has
the authority and responsibility to provide for the operation of solid waste disposal facilities to meet the needs
of all incorporated and unincorporated areas of the county.
While Florida achieved the interim goals for 2012 and 2014, the state’s recycling rates did not meet the 2020
75 percent recycling goal. DEP was required to submit a report to the President of the Senate and the Speaker
of the House of Representatives each year in which the interim recycling goals were not met. In 2021, DEP
released its final report titled “Florida and the 2020 75% Recycling Goal” (2020 report). The 2020 report
outlines various recommendations to increase recycling within the state.
The bill requires DEP, by July 1, 2025, to develop a comprehensive waste reduction and recycling plan (plan)
for the state based on recommendations from the 2020 report. DEP must also convene a technical assistance
group to help develop the plan. At a minimum, the bill requires the plan to identify recycling goals based on
sustainable materials management and waste diversion and include a three-year plan to implement certain
specified policies.
Upon completion of the plan, the bill requires DEP to provide a report to the President of the Senate and the
Speaker of the House of Representatives. The report must include an update on the status of the plan and any
recommendations for statutory changes necessary to achieve the recycling goals or strategies identified in the
plan.
The bill may have an insignificant negative fiscal impact on the state.
The bill provides an effective date of July 1, 2024.
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DATE: 1/30/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Recycling
Recycling is any process by which solid waste, or materials that would otherwise become solid waste,
are collected, separated, or processed and reused or returned to use in the form of raw materials or
intermediate or final products.
1
These materials or products include, but are not limited to, crude oil,
fuels, and fuel substitutes.
2
Local governments are responsible for collecting and transporting solid
waste to solid waste processing facilities where the recyclables are separated by category.
3
Florida’s Recycling Goal
In 2008, the Legislature set a statewide goal to recycle at least 75 percent of municipal solid waste
(MSW)
4
by 2020.
5
The Department of Environmental Protection (DEP) established numerous programs
and initiatives to reach the 75 percent recycling goal.
6
In 2010, the Legislature built on this goal by
requiring counties to implement local recycling programs with interim goals of recycling MSW as
follows:
7
Recycling Goal Goal Date
40 percent December 31, 2012
50 percent December 31, 2014
60 percent December 31, 2016
70 percent December 31, 2018
75 percent December 31, 2020
While Florida achieved the interim goals for 2012 and 2014, the state’s recycling rate for 2016 was 56
percent, falling short of the 60 percent goal.
8
Between 2016 and 2020, Florida’s statewide recycling rate
continued to decline, with a rate of 52 percent in 2019 and 50 percent in 2020.
9
Only three of Florida’s
36 large counties—Charlotte, Lee, and Pinellas—successfully met the 75 percent recycling goal by
2020.
10
In 2022, the single-family recycling participation rate was 48 percent, which was a 4 percent
increase from 2020 but a 3 percent decrease from 2021.
11
Commercial recycling participation rates also
showed a slight increase (approximately 1 percent) during the same timeframe.
12
1
Section 403.703(31), F.S.
2
Id.
3
Section 403.706(1), F.S.; Municipalities are also authorized to construct and operate solid waste disposal facilities if certain statutory
requirements are met. Rule 62-701, F.A.C.; City of Fort Lauderdale, What Really Happens to Our Recycling,
https://gyr.fortlauderdale.gov/greener-government/recycling-waste-reduction/our-waste-stream/what-really-happens-to-our-
recycling#:~:text=The%20recyclables%20are%20placed%20on,and%20paper%20and%20cardboard%20remain. (last visited Jan. 12,
2024).
4
“MSW” means any solid waste, except for sludge, resulting from the operation of residential, commercial, governmental, or
institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste
management service. MSW also includes yard trash but does not include solid waste from industrial, mining, or agricultural
operations. Section 403.706(5), F.S.
5
Section 403.7032, F.S.; MSW is measured by weight. DEP, Florida and the 2020 75% Recycling Goal: Final Report, 3, 8 (2020),
available at https://floridadep.gov/waste/permitting-compliance-assistance/documents/75-recycling-goal-final-report. (last visited Jan.
12, 2024).
6
DEP, Recycling, http://www.dep.state.fl.us/waste/categories/recycling/default.htm (last visited Jan. 12, 2024).
7
Section 403.706(2)(a), F.S.
8
DEP, Florida and the 2020 75% Recycling Goal: Final Report at 2, available at https://floridadep.gov/waste/permitting-compliance-
assistance/documents/75-recycling-goal-final-report. (last visited Jan. 12, 2024).
9
Id. at 6. Prior to the implementation of the 75 percent recycling goal, Florida’s recycling rate, which was calculated based on
recycling traditional materials, was 30 percent.
If the same methodology was applied to 2020, the recycling rate would be only 25
percent.
Id.
10
Id. at 9. “Large counties” are those with a population of over 100,000. Id.
11
DEP, 2022 Single-Family Participation in Recycling (2023), available at
https://floridadep.gov/sites/default/files/2022_Single_Family_Participation.pdf (last visited Jan. 12, 2024); DEP, 2021 Single-Family STORAGE NAME: h0455b.ANR PAGE: 3
DATE: 1/30/2024
Local Government Solid Waste and Recycling Responsibilities
Each Florida county has the authority and responsibility to provide for the operation of solid waste
disposal facilities to meet the needs of all incorporated and unincorporated areas of the county.
13
Counties may charge reasonable fees for the handling and disposal of solid waste at their facilities.
14
Municipalities are responsible for collecting and transporting solid waste from their jurisdictions to a
solid waste disposal facility operated by a county or county contractor.
15
Local governments are also
authorized to provide for the collection of recyclable materials.
16
A market must exist for the recyclable
materials, and the local government must specifically intend for them to be recycled.
17
As discussed above, counties are required to implement recycling programs that include the statutory
interim goals.
18
These programs must be designed to recover a significant portion of at least four of the
following materials from the solid waste stream prior to final disposal at a solid waste disposal facility
and to offer these materials for recycling:
Newspapers;
Aluminum cans;
Steel cans;
Glass;
Plastic bottles;
Cardboard;
Office paper; and
Yard trash.
19
In addition, each county must ensure, to the maximum extent possible, that municipalities within its
boundaries participate in the preparation and implementation of recycling and solid waste management
programs through interlocal agreements or other means provided by law.
20
Counties and municipalities
are encouraged to form cooperative arrangements for implementing recycling programs,
21
and must
enter into negotiations with a franchisee who is operating to exclusively collect solid waste within a
specified service area for a county or municipality.
22
Certain activities are eligible for special credit towards achieving a county’s recycling goals, including
the use of solid waste as fuel in a renewable energy facility, the innovative use of yard trash or other
clean wood waste or paper waste, and providing opportunities to recycle in counties with smaller
populations.
23
To assess progress, counties must provide information on their solid waste management
programs and recycling activities to DEP by April 1 of each year.
24
DEP may reduce or modify a
Participation in Recycling (2022), available at
https://floridadep.gov/sites/default/files/2021%20Single%20Family%20Recycling%20Participation%20in%20Florida.pdf (last visited
Jan. 12, 2024); DEP, 2020 Single-Family Participation in Recycling (2021), available at
https://floridadep.gov/sites/default/files/2020%20Single-Family%20Participation%20in%20Recycling.pdf. (last visited Jan. 12, 2024).
12
DEP, 2022 Commercial Participation in Recycling (2023), available at
https://floridadep.gov/sites/default/files/2022_Commercial_Participation.pdf (last visited Jan. 12, 2024); DEP, 2021 Commercial
Participation in Recycling (2022), available at
https://floridadep.gov/sites/default/files/2021%20Commercial%20Recycling%20Participation%20in%20Florida.pdf (last visited Jan.
12, 2024); DEP, 2020 Commercial Participation in Recycling (2021), available at
https://floridadep.gov/sites/default/files/2020%20Commercial%20Participation%20in%20Recycling.pdf. (last visited Jan. 12, 2024).
13
Section 403.706(1), F.S. Municipalities are also authorized to construct and operate solid waste disposal facilities if certain statutory
requirements are met. Fla. Admin. Code Ch. 62-701.
14
Id.
15
Id.
16
Section 403.706(21), F.S.
17
Id.
18
Section 403.706(2)(a), F.S.
19
Section 403.706(2)(f), F.S.
20
Section 403.706(3), F.S.
21
Section 403.706(2)(a), F.S.
22
Section 403.706(9), F.S.
23
Section 403.706(4), F.S.
24
Section 403.706(7), F.S.; Rule 62-716.450, F.A.C. STORAGE NAME: h0455b.ANR PAGE: 4
DATE: 1/30/2024
county’s recycling goal if the county demonstrates that the achievement of the goal would have an
adverse effect on the financial obligations of the county that are directly related to the county’s waste-
to-energy facility, and the county cannot remove normally combustible materials from solid waste that is
to be processed at a waste-to-energy facility because of the need to maintain a sufficient amount of
solid waste to ensure the financial viability of the facility.
25
However, the goal may only be reduced or
modified to the extent necessary to alleviate the adverse effects on the financial viability of a county’s
waste-to-energy facility.
26
Local governments can require all residential properties, multi-family dwellings, apartment complexes,
and industrial, commercial, and institutional establishments to create programs for the separation of
recyclable materials designated by the local government.
27
Local governments can also require a
commercial establishment to source-separate the recovered materials generated on the premises.
28
However, a local government may not:
Require a commercial establishment that generates source-separated recovered materials to
sell its recovered materials to the local government or to a facility designated by the local
government;
Restrict such a generator’s right to sell such recovered materials to any properly certified
recovered materials dealer who has satisfied the statutory requirements; or
Enact any ordinance that prevents such a dealer from entering into a contract with a commercial
establishment to purchase, collect, transport, process, or receive source-separated recovered
materials.
29
DEP’s Recycling Report
DEP was required to submit a report to the President of the Senate and the Speaker of the House of
Representatives each year in which the interim recycling goals were not met.
30
These reports had to
identify additional programs or statutory changes needed to achieve the recycling goals.
31
In 2021,
DEP released its final report titled “Florida and the 2020 75% Recycling Goal” (2020 report).
32
According to the 2020 report, Florida generated the equivalent to over two tons of MSW per resident in
2020, which is approximately twice the national average.
33
However, there is no universal methodology
for measuring progress toward recycling goals. Moreover, Florida’s MSW calculations do not account
for tourists, while calculations by the U.S. Environmental Protection Agency and other states do.
34
In the 2020 report, DEP recommends convening a technical assistance group (TAG) to develop a
comprehensive waste reduction and recycling plan for Florida.
35
The TAG, if convened, would include
the Florida Recycling Workgroup, local governments, and other interested parties, and the
comprehensive plan would implement stakeholder recommendations by:
Identifying a set of recycling goals that use sustainable materials management
36
and waste
diversion
37
concepts;
25
Section 403.706(6), F.S.
26
Id.
27
Section 403.706(21), F.S. Such ordinances may include, but are not limited to, prohibiting any person from knowingly disposing of
recyclable materials and ensuring the collection of recovered materials as necessary to protect public health and safety. Id.
28
Section 403.7046(2)(a), F.S.
29
Section 403.7046(2), F.S.
30
Section 403.706(2)(e), F.S.; see s. 403.705(3), F.S. DEP must evaluate and report biennially to the President of the Senate and the
Speaker of the House on the state’s success in meeting the solid waste recycling goal.
31
Section 403.706(2)(e), F.S.
32
DEP, Florida and the 2020 75% Recycling Goal: Final Report at 2, available at https://floridadep.gov/waste/permitting-
compliance-assistance/documents/75-recycling-goal-final-report. (last visited Jan. 12, 2024).
33
Id. at 8.
34
Id.
35
Id. at 4.
36
Sustainable materials management is a term for alternative approaches to recycling that recognize the differences among waste
components with respect to environmental and resource outcomes. Sustainable materials management focuses on using and reusing
materials more productively over their life cycles. Id.
37
Waste diversion is the process of diverting waste from landfills; it is the amount of material that is reduced, reused, and/or recycled
per capita and can be measured by the amount of waste not being disposed of in landfills. Waste diversion reduces disposal costs and
the burden on landfills. United States Environmental Protection Agency (EPA), Waste Diversion at EPA, STORAGE NAME: h0455b.ANR PAGE: 5
DATE: 1/30/2024
Developing objectives and proposing a three-year plan to develop a recycling market, education
and outreach, and local government assistance; and
Proposing statutory language to implement the revised recycling goals and strategies.
38
The 2020 report also provides recommendations from the Florida Recycling Workgroup and a group of
local governments, including:
Replacing the current 75 percent weight-based goal with a goal or set of goals that are better
indicators of program performance and desired environmental and economic outcomes;
39
Using sustainable materials management to prioritize which materials to recycle based on
environmental metrics and market availability and setting recycling goals for these specific
materials; and
Focusing on three strategies: education and outreach, funding and incentives to support local
government recycling efforts, and developing recycling markets.
40
Recycling Education and Outreach
Education on the types of recycling services available, how materials are collected, and which materials
are accepted is important for a successful recycling program. Because recycling programs within the
state vary significantly, education should be tailored to local recycling programs.
41
Currently, DEP operates several education programs, including:
The Florida Food Waste Prevention Week, which focuses on engagement with local
municipalities, universities, national food recovery networks, and the hospitality industry to raise
awareness about food waste;
Phase Three of the Rethink.Reset.Recycle. Program, which focuses on providing counties and
municipalities with a variety of customized digital products illustrating correct preparation of
recyclables prior to disposing of them; and
The Recycling Recognition Program, which encourages private businesses, institutions,
schools, organizations, and the public to increase recycling by setting recycling goals.
42
According to the 2020 report, the TAG, if convened, would propose an education and outreach
approach that evaluates statewide solutions but is customized for local needs, including a possible
application for mobile devices that provides recycling information based on location.
43
Local Government Assistance
In 1988, the Solid Waste Management Act required counties to initiate recycling programs to address
the growing costs and environmental problems associated with solid waste disposal in the state.
44
To
aid counties in setting up recycling programs, the Legislature established the Recycling and Education
Grant Program. Under the program, counties received funds for initial capital costs, operations,
recycling education, market development, and special projects. The program sunset in 2001.
45
The 2020 report recommends that the TAG evaluate the benefits and problems of the now defunct
Recycling and Education Grant Program, make a recommendation to reinstate the program, or
consider other means to provide recycling assistance to local governments.
46
https://www.epa.gov/greeningepa/waste-diversion-epa (last visited Jan. 12, 2024); DEP, Florida and the 2020 75% Recycling Goal:
Final Report at 4.
38
DEP, Florida and the 2020 75% Recycling Goal: Final Report at 5, available at https://floridadep.gov/waste/permitting-
compliance-assistance/documents/75-recycling-goal-final-report. (last visited Jan. 12, 2024).
39
Id. at 3. There is a consensus in Florida’s recycling industry (as well as other states and at the federal level) that using a weight-
based goal does not result in efficient or effective recycling. Id.
40
Id. at 4.
41
Id. at 5.
42
Id. at 20-21.
43
Id. at 4.
44
Id. at 5.
45
Id.
46
Id. STORAGE NAME: h0455b.ANR PAGE: 6
DATE: 1/30/2024
Recycling Market Development
In order for the recycling industry to operate efficiently and provide reasonable returns on investments,
there must be a market for finished goods that are manufactured from recycled materials. When the
markets for these finished goods increase, the demand for recycled materials will increase, driving up
profitability and incentivizing increased investments in the collection, sorting, processing, and
manufacturing sectors.
47
To increase markets for recyclable materials, DEP recommends in its final report that the following be
considered when developing the comprehensive recycling plan:
Tax incentives for usage of recycled materials as feed stocks in manufacturing processes;
Tax incentives and credits to support materials recovery plant upgrades;
Public/private partnerships to invest in new processing technologies;
Investments in expansion of Recycling Business Assistance Center
48
activities;
End-user purchase rebates for Florida Certified Compost; and
Preference programs to use and purchase products made from recycled content material.
49
Effect of the Bill
The bill requires DEP, by July 1, 2025, to develop a comprehensive waste reduction and recycling plan
(plan) for the state based on recommendations from the 2020 report. DEP must convene a TAG to help
develop the plan.
At a minimum, the bill requires the plan to identify recycling goals based on sustainable materials
management and waste diversion and include a three-year plan to implement the following strategies:
Recycling education and outreach. DEP must propose statewide solutions to provide local
recycling information and education throughout the state.
Local government recycling assistance. DEP is required to evaluate the benefits and challenges
of the former state Recycling and Education Grant Program and provide recommendations for
reinstating the program or considering other means of providing recycling assistance to local
governments.
Recycling materials market development. DEP must consider and recommend plans to develop
and promote markets for recycling materials.
Upon completion of the plan, the bill requires DEP to provide a report to the President of the Senate
and the Speaker of the House of Representatives. The report must include an update on the status of
the plan and any recommendations for statutory changes necessary to achieve the recycling goals or
strategies identified in the plan.
B. SECTION DIRECTORY:
Section 1. Amends s. 403.7032, F.S., related to recycling.
Section 2. Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
47
Id.
48
The Recycling Business Assistance Center was established in 2010 to coordinate between state agencies and the private sector to
develop new markets for recyclable materials locally and globally. DEP, Recycling Business Assistance Center,
https://floridadep.gov/waste/waste-reduction/content/recycling-business-assistance-center (last visited Jan 12, 2024).
49
DEP, Florida and the 2020 75% Recycling Goal: Final Report at 5, available at https://floridadep.gov/waste/permitting-
compliance-assistance/documents/75-recycling-goal-final-report. (last visited Jan. 12, 2024). STORAGE NAME: h0455b.ANR PAGE: 7
DATE: 1/30/2024
2. Expenditures:
The bill provides for the development of a comprehensive waste reduction and recycling plan that
may negatively impact workload within DEP which can be absorbed within existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.