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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 b everage container deposits; 2
creating s. 403.778, F.S.; providing a short title; 3
defining terms; establishing a refund value for 4
specified beverage containers; requiring dealers and 5
consumers in this state to pay a deposit fee for 6
specified beverage contain ers; requiring that certain 7
information be affixed to or printed on deposit 8
beverage containers; prohibiting the establishment or 9
operation of a redemption center unless it is 10
registered with the Department of Environmental 11
Protection; providing minimum st andards for 12
registration; requiring that information provided to 13
the department in the registration process be kept 14
current; providing that persons establishing a 15
redemption center have a certain right; providing 16
requirements for redemption centers; prohib iting 17
redemption centers from paying the refund value for 18
certain containers; authorizing the use of reverse 19
vending machines under certain circumstances; 20
specifying requirements and procedures for certain 21
deposit beverage dealers and distributors; requiri ng 22
distributors to pay a handling fee of at least a 23
specified amount to dealers and redemption centers; 24
requiring certain dealers, distributors, redemption 25
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centers, and recycling facilities to submit specified 26
information to the department and to make reco rds 27
available to the department upon request; authorizing 28
the department or other specified entities to conduct 29
certain audits; clarifying that certain trade secret 30
information is confidential but authorizing the 31
release of that information in a manner tha t would not 32
reveal the trade secret; requiring the department to 33
adopt rules; providing that distributors and dealers 34
are not obligated to accept or take and pay the refund 35
value for containers not originally sold in this 36
state; prohibiting certain transac tions involving such 37
empty deposit beverage containers and requiring a 38
specified notice to customers; providing a civil 39
penalty for violations; providing for disposition of 40
the penalty; requiring such penalties to be publicly 41
noticed; prohibiting local gov ernments from imposing 42
fees for the same or a similar purpose; providing an 43
effective date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Section 403.778, Florida Statutes, is created 48
to read: 49
403.778 Beverage container d eposits.— 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
(1) SHORT TITLE.—This section may be cited as the "Florida 51
Beverage Container Deposit Act." 52
(2) DEFINITIONS.—As used in this section, the term: 53
(a) "Certified recovered materials dealer" has the same 54
meaning as in s. 403.7046(2)(f)3. 55
(b) "Consumer" means a person who buys a deposit beverage 56
in a deposit beverage container for use or consumption and pays 57
the deposit. 58
(c) "Dealer" means a person who engages in the sale of 59
deposit beverages in deposit beverage containers in this state 60
to a consumer for off-premises consumption. 61
(d) "Deposit beverage" means beer, ale, or another drink 62
produced by fermenting malt; mixed spirits, mixed wine, wine, 63
distilled spirits, and wine coolers; tea and coffee drinks, 64
regardless of any dairy -derived product content; soda; 65
carbonated and noncarbonated water; and all nonalcoholic drinks 66
in liquid form which are intended for internal human consumption 67
and are contained in a deposit beverage container. The term does 68
not include: 69
1. A liquid that is a syrup in a concentrated form or that 70
is typically added as an incidental flavoring ingredient in food 71
or drink, such as extracts, cooking additives, sauces, or 72
condiments. 73
2. A liquid that is a drug, medical food, or infant 74
formula as defined by the Federal Fo od, Drug, and Cosmetic Act, 75
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21 U.S.C. ss. 301 et seq. 76
3. A liquid that is designed and consumed only as a 77
dietary supplement as defined in the Dietary Supplement Health 78
and Education Act of 1994, Pub. L. No. 103 -417, and not as a 79
beverage. 80
4. Products that are frozen at the time of sale to the 81
consumer or, in the case of institutional users such as 82
hospitals and nursing homes, at the time of sale to such users. 83
5. Products designed to be consumed in a frozen state. 84
6. Instant drink powders. 85
7. Seafood, meat, or vegetable broths or soups, but not 86
juices made or derived from these products. 87
8. Milk and all other dairy -derived products, except tea 88
and coffee drinks containing such products. 89
(e) "Deposit beverage container" means a sealed, 90
individual container made of glass, aluminum, steel, bimetal, or 91
plastic, including polyethylene terephthalate, high -density 92
polyethylene, and all other plastic types and grades, in sizes 93
with a volume of at least 6 fluid ounces but not more than 1 94
gallon, and used, at the time of sale to the consumer, for 95
containing a deposit beverage intended for use or consumption in 96
this state. 97
(f) "Distributor" means a person who is a manufacturer of 98
deposit beverages in deposit beverage containers in this state 99
or who buys, brings, or accepts delivery of deposit beverage 100
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containers from an address, supplier, or any entity outside this 101
state and who engages in the sale of filled deposit beverage 102
containers to a dealer or consumer. The term includes federal 103
agencies and military distributors, but does not include 104
airlines and shipping companies that merely transport deposit 105
beverage containers. 106
(g) "Mobile redemption center" means a redemption center 107
that offers container redemption services to residences, 108
businesses, or both on their respective sites, either on a one -109
time or regular basis, regardless of whether the services are 110
offered in association with a dealer or permanent redemption 111
center. 112
(h) "On-premises consumption" means the immediate 113
consumption of deposit bev erages within the area under the 114
control of the airplane, bar, restaurant, cafe, passenger ship, 115
or other establishment where they are sold. 116
(i) "Person" means a federal agency; the state or a 117
political subdivision of the state; an individual, partnershi p, 118
firm, association, public or private corporation, trust, or 119
estate; or any other legal entity. 120
(j) "Recycling facility" means all contiguous land, 121
structures, appurtenances, and improvements on land that is: 122
1. Used for the collection, separation, r ecovery, and sale 123
or reuse of secondary resources that would otherwise be disposed 124
of as municipal solid waste; and 125
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2. An integral part of a manufacturing process aimed at 126
producing a marketable product made of post -consumer material. 127
(k) "Redeemer" means a person, other than a dealer or 128
distributor, who demands the refund value in exchange for the 129
empty deposit beverage container. 130
(l) "Redemption center" or "permanent redemption center" 131
means a facility registered under subsection (5) which operate s 132
at a fixed location and which accepts empty deposit containers 133
from consumers or redeemers, provides the refund value for empty 134
deposit beverage containers intended to be recycled, and ensures 135
that such containers are properly recycled. 136
(m) "Reverse vending machine" means a mechanical device 137
that accepts one or more types of empty deposit beverage 138
containers and issues cash, electronic credit, or a redeemable 139
credit slip with a value not less than the containers' refund 140
value. 141
(n) "Satellite drop -off site" means a designated site 142
where participating consumers bring empty containers for 143
subsequent processing at a centralized processing facility. 144
(3) REFUND VALUES.—Beginning July 1, 2024, each deposit 145
beverage container sold or offered for sale in this state must 146
have one of the following refund values, as appropriate, when 147
empty: 148
(a) Ten cents for each deposit beverage container with a 149
volume of at least 6 fluid ounces but less than 25 fluid ounces. 150
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(b) Fifteen cents for each deposit beverage conta iner with 151
a volume of at least 25 fluid ounces but not more than 1 gallon. 152
(4) DEPOSIT FEE.— 153
(a) Beginning on July 1, 2024, each deposit beverage 154
distributor must charge a dealer or consumer in this state a 155
deposit fee equal to the refund value for eac h deposit beverage 156
container sold to the dealer or consumer. The charge for the 157
deposit fee may appear as a separate line item on the invoice. 158
(b) Beginning on July 1, 2024, each dealer must charge a 159
consumer in this state, at the point of sale, a deposi t fee 160
equal to the refund value for each deposit beverage container 161
sold to the consumer, except on beverages intended for on -162
premises consumption. The charge for the deposit fee may appear 163
as a separate line item on the invoice. 164
(c) Each deposit beverag e container sold or offered for 165
sale in this state must be clearly identified by a stamp, label, 166
or other mark securely affixed to or printed on the deposit 167
beverage container which bears the word "Florida" or the letters 168
"FL" and indicates the refund valu e of the deposit beverage 169
container. Such stamp, label, or other mark must be provided by 170
the beverage distributor. 171
(d) Inventory already in circulation on July 1, 2024, must 172
be affixed with an adhesive sticker that bears the word 173
"Florida" or the letter s "FL" and indicates the refund value of 174
the deposit beverage container. Such sticker must be provided by 175
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the beverage distributor. 176
(e) Once a refund value has been affixed to or printed on 177
a deposit beverage container, the deposit fee on that container 178
may not be changed. 179
(5) REDEMPTION CENTERS. — 180
(a) A person may not establish or operate a redemption 181
center without registering with the department, on a form 182
provided by the department, and providing such information as 183
the department deems necessary f or such registration. The 184
operator of the redemption center shall report any change in the 185
information provided to the department within 48 hours after the 186
change. At a minimum, the department must obtain the following 187
information from a redemption center registrant: 188
1. The name and business address of the business owner of 189
the redemption center. 190
2. The types of deposit beverage containers to be accepted 191
and whether deposit beverage containers will be accepted from 192
redeemers, dealers, or both. 193
3. The hours of operation and whether the center will 194
operate a mobile redemption center or provide a satellite drop -195
off site. 196
(b) A person establishing a redemption center has the 197
right to determine the kind, size, or brand of deposit beverage 198
container that will be accepted. A redemption center may be 199
established to serve all persons or to serve only specified 200
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consumers, redeemers, and dealers. 201
(c) Municipal and county governments, nonprofit agencies, 202
dealers, and individuals may register to operate a redemp tion 203
center. 204
(d) The department may review the registration of a 205
redemption center at any time. 206
(e) Except for redemption centers operated by a certified 207
recovered materials dealer, a redemption center shall: 208
1. Verify that all deposit beverage conta iners to be 209
redeemed bear a valid Florida refund value. 210
2. Pay to the redeemer the full refund value for all 211
deposit beverage containers as provided for in this section. 212
3. Ensure that all deposit beverage containers collected 213
are recycled through a co ntractual agreement with an out -of-214
state recycler or an in -state certified recovered materials 215
dealer. 216
(f) A redemption center must be maintained in full 217
compliance with applicable laws and with the orders and rules of 218
the department. 219
(g) A redemption center may not pay the refund value on 220
any broken, corroded, dismembered, or flattened deposit beverage 221
container or any deposit beverage container that contains a 222
free-flowing liquid, does not properly indicate a refund value, 223
or contains a significant am ount of foreign material. 224
(h) For purposes of this section, a redemption center is 225
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deemed to be sponsored by a dealer if there is an agreement 226
between the dealer and the operator of the redemption center 227
requiring the redemption center to remove empty de posit beverage 228
containers from the premises of the dealer. 229
(6) REVERSE VENDING MACHINES. — 230
(a) A redemption center may use a reverse vending machine 231
if the machine accepts all of the same types of empty deposit 232
beverage containers and pays out appropria te refunds in cash, 233
electronic credit, or a redeemable voucher for those containers 234
that bear a valid Florida refund value. If more than one 235
container is redeemed in a single transaction, the refund value 236
for all redeemed containers must be aggregated befo re payment is 237
made. 238
(b) A redemption center or dealer that uses reverse 239
vending machines must ensure that the machines are routinely 240
serviced to maintain proper operation, continuous acceptance of 241
containers, and payment of refunds. 242
(7) REQUIREMENTS FOR DEALERS.— 243
(a) A dealer may not refuse to accept from any person and 244
redeem at the dealer's place of business any empty deposit 245
beverage container of the kind, size, or brand in which the 246
dealer uses to sell deposit beverages or refuse to pay to such 247
person the refund value of the deposit beverage container as 248
established by this section, unless: 249
1. The deposit beverage container is broken, corroded, 250
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dismembered, or flattened; contains a free -flowing liquid; does 251
not properly indicate a refund value; or contains a significant 252
amount of foreign material; or 253
2. There is a redemption center located within 1 mile of 254
the dealer's place of business which accepts empty deposit 255
beverage containers of the kind, size, or brand sold by the 256
dealer at the dealer 's place of business. This subparagraph does 257
not apply unless the dealer posts a clear and conspicuous sign 258
at each public entrance to its place of business which specifies 259
the name, address, and hours of operation of the closest 260
redemption center location . 261
(b) If a dealer discontinues the sale of a deposit 262
beverage container of the kind, size, or brand previously sold 263
at the dealer's place of business, the dealer may not refuse to 264
accept and redeem such containers for the 60 -day period 265
immediately after the dealer's last sale of that kind, size, or 266
brand of deposit beverage container. The dealer shall post at 267
the point of sale a notice of the last date on which the 268
discontinued kind, size, or brand of deposit beverage container 269
may be redeemed. Such notic e must be so posted for the entire 270
60-day period. 271
(c) A dealer that accepts empty deposit beverage 272
containers shall: 273
1. Verify that all empty deposit beverage containers to be 274
redeemed bear a valid Florida refund value. 275
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2. Pay to the redeemer the ful l refund value for all empty 276
deposit beverage containers as provided in this section. 277
3. Ensure that each deposit beverage container collected 278
is recycled through a contractual agreement with an out -of-state 279
recycler or an in-state certified recovered ma terials dealer. 280
(8) REQUIREMENTS FOR DISTRIBUTORS. — 281
(a) A distributor may not refuse to accept any empty 282
deposit beverage container of the kind, size, or brand sold by 283
the distributor or refuse to pay to a dealer or redemption 284
center operator the refun d value of a deposit beverage container 285
established by this section if: 286
1. The deposit beverage container is from a dealer or the 287
operator of a redemption center, if such dealer or operator is 288
located within the territory of the distributor; or 289
2. The deposit beverage container is from an operator of a 290
redemption center who certifies to the distributor that the 291
redeemed container was from a dealer located and operated 292
exclusively within the territory of the distributor. 293
(b) A distributor may refuse to accept and redeem an empty 294
deposit beverage container that is broken, corroded, 295
dismembered, or flattened; contains a free -flowing liquid; does 296
not properly indicate a refund value; or contains a significant 297
amount of foreign material. 298
(c) A distributor shall remove any empty deposit beverage 299
containers from the premises of a dealer serviced by the 300
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distributor or from the premises of a redemption center 301
sponsored by any dealer serviced by the distributor when such 302
premises are located within the territor y of the distributor. 303
(d) The distributor shall pay the refund value to a dealer 304
in accordance with a schedule for payment agreed to by the 305
dealer and the distributor for full deposit beverage containers. 306
The distributor shall pay the refund value to an operator of a 307
redemption center not more than 20 days after receipt of the 308
empty deposit beverage container. 309
(e) If a distributor discontinues the sale of a deposit 310
beverage container of the kind, size, or brand previously sold 311
at the dealer's place of b usiness, the distributor may not 312
refuse to accept and redeem such containers during the 150 -day 313
period immediately after the distributor's last day of delivery 314
of that kind, size, or brand of deposit beverage container. Not 315
less than 120 days before the la st date on which such containers 316
may be redeemed, the distributor must notify the dealer who 317
bought the discontinued kind, size, or brand of deposit beverage 318
container that the distributor no longer redeems that empty 319
container. 320
(9) HANDLING FEE REIMBURS EMENT.—Upon a dealer or a 321
redemption center redeeming empty deposit beverage containers, 322
the distributor, in addition to the refund for such beverage 323
containers, must pay the dealer or redemption center a handling 324
fee in an amount equal to at least 20 perc ent of the deposit 325
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returned to the consumer. 326
(10) REQUIRED INFORMATION AND RECORDS. — 327
(a) All dealers, distributors, redemption centers, and 328
recycling facilities that accept empty deposit beverage 329
containers shall submit the following information to the 330
department: 331
1. The amount and type of deposit beverage containers 332
accepted and rejected; 333
2. The amount of refunds paid out; 334
3. The amount and weight of each type of deposit beverage 335
container transported to each out -of-state recycler and in -state 336
certified recovered materials dealer; and 337
4. Copies of transport and weight receipts from recycling 338
facilities. If the redemption center and the recycling facility 339
are the same entity, receipts must be independently verified. 340
Such documentation may be used for periodic, random department 341
audits of redemption centers. 342
(b) The records of all such dealers, distributors, 343
redemption centers, and recycling facilities must be made 344
available, upon request, for inspection by the department, a 345
duly authorized agent of the department, or an auditor employed 346
by the state. 347
(c) Pursuant to s. 815.04, information that, if disclosed, 348
would reveal a trade secret as defined in s. 812.081(1), and 349
that must be reported in accordance with this section or rules 350
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adopted pursuant to this section, is confidential and exempt 351
from s. 119.07(1) and s. 24(a), Art. I of the State 352
Constitution. However, for reporting or other informational 353
purposes, the department may provide potential trade secret 354
information in such a form that the n ames of the persons 355
reporting the information and the specific trade secret 356
information are not revealed. 357
(11) RULES.—The department shall adopt rules pursuant to 358
chapter 120 to implement this section. Such rules must include, 359
but need not be limited to, provisions for the redemption of 360
empty deposit beverage containers dispensed through vending 361
machines; the use of reverse vending machines that dispense 362
cash, electronic credit, or a redeemable voucher to consumers 363
for redemption of empty deposit beverage containers; the 364
scheduling of redemption by dealers and distributors; and 365
exemptions or modifications to the labeling requirements of this 366
section. 367
(12) OBLIGATION; VIOLATION OF SECTION; PENALTY; REQUIRED 368
SIGNAGE.— 369
(a) The obligation of a distributor or dealer to accept or 370
take empty deposit beverage containers and to pay the refund 371
value and handling fees for such containers applies only to 372
deposit beverage containers originally sold in this state as 373
filled deposit beverage containers. 374
(b) A person may not, during a single transaction, tender 375
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to a dealer, distributor, or redemption center more than 24 376
empty deposit beverage containers that the person knows, or has 377
reason to know, were not originally sold in this state as filled 378
deposit beverage conta iners. A person who violates this 379
paragraph commits a noncriminal infraction, punishable by a 380
civil penalty of $100, which must be deposited in the 381
Administrative Trust Fund of the department and used to 382
administer this section. 383
(c) At each location where customers tender empty deposit 384
beverage containers for redemption, dealers and redemption 385
centers must conspicuously display a sign with letters that are 386
at least 1 inch in height advising consumers of the prohibition 387
and penalty imposed in paragraph (b). 388
(13) PREEMPTION.—A county or municipality may not impose 389
or collect any assessment or fee on deposit beverage containers 390
for the same or a similar purpose as that of this section. 391
Section 2. This act shall take effect upon becoming a law. 392