Battery Collection and Disposal

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A bill to be entitled 1
An act relating to battery collection and disposal; 2
providing a short title; repealing s. 403.7192, F.S., 3
relating to battery requirements for consumers, 4
manufacturers, and sellers; creating s. 403.71911, 5
F.S.; providing definitions; prohibiting, beginning on 6
a specified date, producers or retailers from selling, 7
offering for sale, or distributing for sale any 8
battery or battery containing product unless certain 9
conditions are met; providing applicability; requiring 10
battery stewardship organizations to submit specified 11
battery stewardship plans to the Department of 12
Environmental Protection by a specified date; 13
requiring that proposed amendments to approved plans 14
be submitted to the department; requiring battery 15
stewardship organizations with approved plans to 16
submit new plans to the department for approval within 17
a specified timeframe; requiring such plans to include 18
certain audits and corrective measures; requiring the 19
department to approve, conditionally approve, or deny 20
such plans or amendments within a specified timeframe; 21
providing requirements for the approval or denial of 22
such plans and amendments; providing requirements for 23
the implementation of approved battery stewardship 24
plans; authorizing battery stewardship organizations 25

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to issue warnings to, suspend, or terminate collection 26
sites or services under specified conditions; 27
requiring battery stewardship organizations to provide 28
certain notice to the department; providing conditions 29
under which battery stewardship organizations are not 30
required to provide for the collection of certain 31
batteries; providing requirements for the promotion of 32
approved battery stewardship plans; requiring battery 33
stewardship organizations to submit annual reports to 34
the department beginning on a specified date; 35
prohibiting producers, retailers, or battery 36
stewardship organizations from charging consumers 37
certain point-of-sale fees; requiring the department 38
to post certain information on its website; providing 39
an exemption from certain liability for producers, 40
retailers, and battery stewardship organizations; 41
providing for household and mail-back collection 42
services for covered batteries; providing requirements 43
for the collection, disposal, and processing of 44
batteries beginning on a specified date; providing an 45
exemption from certain liability for solid waste 46
facilities and collectors; prohibiting battery 47
stewardship organizations from refusing to accept 48
covered batteries under certain conditions; providing 49
penalties; requiring the proceeds from such penalties 50

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be deposited in the Legal Affairs Revolving Trust Fund 51
of the Department of Legal Affairs and used for 52
specified enforcement; providing for civil actions; 53
providing an effective date. 54
55
Be It Enacted by the Legislature of the State of Florida: 56
57
Section 1. This act may be cited as the "Safe Battery 58
Collection and Recovery Act." 59
Section 2. Section 403.7192, Florida Statutes, is 60
repealed. 61
Section 3. Section 403.71911, Florida Statutes, is created 62
to read: 63
403.71911 Safe battery collection and recovery.— 64
(1) As used in this section, the term: 65
(a) "Battery containing product" means a product that 66
contains or is packaged with a covered battery. The term does 67
not include computers, small-scale servers, computer monitors, 68
electronic keyboards and mice, printers, fax machines, scanners, 69
televisions, digital video disc players and recorders, video 70
cassette recorders, digital converter boxes, cable receivers, 71
satellite receivers, portable digital music players, and video 72
game consoles. 73
(b) "Battery stewardship organization" means an 74
organization designated by a producer or a group of five or more 75

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producers that directly implements a battery stewardship plan 76
approved by the department under this section. 77
(c) "Covered battery" means a portable battery or a medium 78
format battery. The term does not include: 79
1. A battery that is contained in a medical device 80
regulated under the Federal Food, Drug, and Cosmetic Act, 21 81
U.S.C. ss. 301 et seq., and that is not designed or marketed for 82
sale or resale at retail locations for personal use; 83
2. A battery that contains an electrolyte as a free liquid 84
or a product that contains such a battery; 85
3. A battery designed to power a motor vehicle, part of a 86
motor vehicle, or a component part of a motor vehicle assembled 87
by or for a vehicle manufacturer or franchised dealer, including 88
replacement parts for use in a motor vehicle; 89
4. A battery in a product that is not intended or designed 90
to be easily removed from the product; 91
5. A battery or battery containing product that is being 92
recalled for safety reasons; or 93
6. A battery or battery containing product offered for 94
resale by a business that, as part of its operations, offers 95
products for resale to other businesses or to consumers. 96
(d) "Damaged and defective batteries" means batteries that 97
have been damaged or that have been identified by the 98
manufacturer as being defective for safety reasons and that have 99
the potential to produce a dangerous evolution of heat or fire 100

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or short circuit, as referred to in 49 CFR 173.185(f) as of 101
January 1, 2023, or as updated by rule to maintain consistency 102
with federal standards. 103
(e) "Department" means the Department of Environmental 104
Protection. 105
(f) "Lithium-ion battery" means a rechargeable energy 106
storage device, weighing less than 25 pounds, that uses lithium 107
ions to move between a positive electrode made of lithium-108
containing compounds and a negative electrode facilitating 109
energy storage and release through an intercalation process. 110
(g) "Medium format battery" means: 111
1. For batteries that are not capable of being recharged, 112
a battery that weighs more than 4.4 pounds but less than 25 113
pounds; or 114
2. For rechargeable batteries, a battery that weighs more 115
than 11 pounds or has a rating of more than 300 watt-hours, or 116
both, but does not weigh more than 25 pounds or have a rating of 117
more than 2,000 watt-hours. 118
(h) "Portable battery" means: 119
1. For batteries that are not capable of being recharged, 120
a battery that weighs no more than 4.4 pounds; or 121
2. For rechargeable batteries, a battery that weighs less 122
than 11 pounds and that has a rating of no more than 300 watt-123
hours. 124
(i)1. "Producer" means a person who sells, offers for 125

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sale, or distributes for sale in this state a covered battery or 126
battery containing product and who is: 127
a. If the covered battery or battery containing product is 128
sold under a brand owned by the manufacturer of the battery or 129
product, the person who manufactures the battery or product; 130
b. If the covered battery or battery containing product is 131
sold under a retail brand or under a brand owned by a person 132
other than the manufacturer of the battery or product, the 133
person who owns the brand; 134
c. The licensee of a brand or trademark under which the 135
covered battery or battery containing product is sold, offered 136
for sale, or distributed for sale in this state, regardless of 137
whether the trademark is registered in this state; 138
d. The importer of record for the covered battery or 139
battery containing product into the United States for the 140
purpose of selling, offering for sale, or distributing for sale 141
in this state the battery or product; or 142
e. A person with a commercial presence in this state who 143
first sells, offers for sale, or distributes for sale in this 144
state the covered battery or battery containing product. 145
2. The term does not include a person who only sells, 146
offers for sale, or distributes for sale in this state a battery 147
containing product if the battery is supplied by another 148
producer that has designated a battery stewardship organization 149
to implement a battery stewardship plan and certifies this fact 150

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in writing to the person who only sells, offers for sale, or 151
distributes for sale the battery containing product. 152
(j) "Rechargeable battery" means a battery that contains 153
one or more voltaic or galvanic cells electrically connected to 154
produce electric energy and is designed to be recharged. 155
(k) "Recovery" means the collection, accumulation, and 156
transport of covered batteries or battery-containing products 157
for the purpose of a recycling process. 158
(l) "Recycling" means the separation, dismantling, or 159
processing recovered batteries or battery-containing products or 160
materials, components, or commodities contained in electronic 161
waste for the purpose of preparing batteries for use or reuse in 162
new products or components. 163
1. The term includes the manual and mechanical separation 164
of electronic waste to recover materials, components, or 165
commodities contained therein for the purpose of reuse or 166
recycling and changing the physical composition of electronic 167
waste to segregate components for purposes of recycling those 168
components. 169
2. The term does not include: 170
a. Destruction by incineration or other processes; 171
b. Energy recovery or energy generation by means of 172
combustion, gasification, pyrolysis, or other means; 173
c. Land disposal of recyclable materials; or 174
d. Reuse, repair, or any other process through which 175

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batteries are returned in their original form. 176
(m) "Recycling efficiency rate" means the percentage 177
calculated by dividing the weight of components and materials 178
recovered by a battery stewardship organization by the weight of 179
covered batteries collected by the battery stewardship 180
organization. 181
(n) "Retailer" means a person who sells or offers for sale 182
a covered battery in this state or offers or otherwise makes 183
available covered batteries or battery-containing products 184
containing one or more covered batteries to a customer, 185
including other businesses, in this state. 186
(2) Beginning January 1, 2028, a producer or retailer may 187
not sell, offer for sale, or distribute for sale in this state 188
any covered battery or battery containing product unless the 189
producer of the covered battery or battery containing product is 190
a member of a battery stewardship organization operating under a 191
battery stewardship plan approved by the department under this 192
section. This subsection does not apply to a retailer if the 193
website maintained by the department under this section lists, 194
as of the date a battery or product is made available for retail 195
sale, the producer or brand of the battery or product as being 196
covered by an approved battery stewardship plan. 197
(3) Beginning January 1, 2028, a producer or retailer may 198
not sell, offer for sale, or distribute for sale in this state 199
any covered battery or battery containing product unless the 200

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covered battery or battery in the battery containing product is 201
marked with an identification of the producer of the battery. 202
This subsection does not apply if the battery is less than one-203
half inch in diameter or does not contain a surface with a 204
length that exceeds one-half inch. 205
(4) Beginning January 1, 2029, a producer or retailer may 206
not sell, offer for sale, or distribute for sale in this state 207
any covered battery or battery containing product unless the 208
covered battery or battery in the battery containing product is 209
marked to ensure proper collection and recycling by an 210
identification of the chemistry of the battery and an indication 211
that the battery should not be disposed of as household waste. 212
This subsection does not apply if the battery is less than one-213
half inch in diameter or does not contain a surface with a 214
length that exceeds one-half inch. 215
(5)(a) By January 1, 2027, each battery stewardship 216
organization shall submit a battery stewardship plan to the 217
department for review and approval. 218
(b) A battery stewardship plan may not have a term of more 219
than 5 years and must include all of the following: 220
1. The names and contact information for each producer 221
member of the organization. 222
2. The brands of all of the covered batteries that the 223
organization's producer members sell, offer for sale, or 224
distribute for sale in this state. 225

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3. Strategies for achieving target recycling efficiency 226
rates of at least 60 percent for rechargeable batteries and at 227
least 70 percent for batteries that are not capable of being 228
recharged. 229
4. Strategies for informing retailers of the prohibitions 230
under this section. 231
5. Education and outreach strategies for promoting 232
consumer awareness of safe battery collection and disposal. 233
6. A process for making available to collection sites for 234
voluntary use signage, written materials, and other promotional 235
materials to inform consumers of the available end-of-life 236
management options for covered batteries collected under the 237
battery stewardship plan. 238
7. Collection site safety training related to covered 239
battery collection activities, including operating protocols to 240
reduce risks of spills or fires, response protocols in the event 241
of a spill or fire, and protocols for safe management of damaged 242
and defective batteries. 243
8. A method for fully funding the organization's plan in a 244
manner that equitably distributes the plan's costs among the 245
members of the organization. 246
9. Provisions for collecting covered batteries at no cost 247
regardless of the brand or producer of the covered battery on a 248
continuous, convenient, visible, and accessible basis. 249
10. The addresses of collection sites that will accept 250

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covered batteries under the plan and the criteria used to 251
determine whether an entity may serve as a collection site. 252
11. The names of proposed service providers, including 253
sorters, transporters, and processors, to be used for the final 254
disposition of batteries. 255
12. Strategies for working with material recovery 256
facilities and secondary processors to properly process and 257
transport for recycling any covered batteries improperly sent to 258
the facilities through waste or recycling streams. 259
13. Provisions for recordkeeping, tracking, and 260
documenting the management and disposition of collected covered 261
batteries. 262
14. Any anticipated delay in managing medium format 263
batteries. 264
(c) A battery stewardship organization shall submit 265
proposed amendments to an approved plan to the department for 266
approval. 267
(6)(a) A battery stewardship organization with an approved 268
battery stewardship plan under this section shall submit a new 269
plan to the department for approval no less than once every 5 270
years. 271
(b) After 5 years of implementation of a plan, a battery 272
stewardship organization or a producer member of such 273
organization shall hire an independent third party to conduct a 274
one-time audit of the battery stewardship plan and plan 275

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operation. The auditor shall examine the effectiveness of the 276
plan in collecting and recycling covered batteries. The auditor 277
shall also examine the cost-effectiveness of the plan and 278
compare it to the collection cost-effectiveness of other battery 279
stewardship organizations or producer members of such 280
organizations. A copy of the audit must be included with the 281
plan. 282
(c) If the target recycling efficiency rates under the 283
previously approved plan have not been met, the new plan must 284
include corrective measures that may include improvements to the 285
collection site network or increased expenditures dedicated to 286
education and outreach. 287
(7) Within 120 days after receipt of a proposed battery 288
stewardship plan or a proposed amendment, the department shall 289
approve, conditionally approve, or deny the plan or amendment. 290
If the plan or amendment is denied: 291
(a) The department shall notify the battery stewardship 292
organization of the denial in writing and explain how the 293
proposed plan or amendment does not comply with this section; 294
(b) The battery stewardship organization shall submit a 295
revised plan or amendment or notice of plan or amendment 296
withdrawal within 60 days after receipt of the denial; and 297
(c) The department shall approve or deny the revised plan 298
or amendment within 90 days after receipt of the revised plan or 299
amendment. The denial of a revised plan or amendment may be 300

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appealed to the department in accordance with rules of the 301
department. 302
(8)(a) A battery stewardship organization implementing an 303
approved battery stewardship plan shall do all of the following: 304
1. Be responsible for all costs associated with 305
implementing the plan. 306
2. Reimburse local governmental units for demonstrable 307
costs incurred as a result of a local government facility or 308
solid waste facility serving as a collection site under the 309
plan. 310
3. Collect charges from participating producers sufficient 311
to cover the costs of implementing the plan. 312
4. Provide for the collection of all covered batteries 313
from any person, regardless of the chemistry or brand of the 314
battery, on a free, continuous, convenient, visible, and 315
accessible basis. 316
5. Provide to collection sites at no cost suitable 317
collection containers for covered batteries that are segregated 318
from other solid waste or make alternative arrangements for the 319
collection of such batteries at the site with the agreement of 320
the collection site. 321
6. Ensure that medium format batteries are collected only 322
at household hazardous waste collection sites or other staffed 323
collection sites that meet applicable federal, state, and local 324
requirements for managing medium format batteries. 325

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7. Provide for the collection of damaged and defective 326
batteries by persons trained to handle and ship such batteries 327
at collection sites, permanent household hazardous waste 328
facilities, and household hazardous waste collection events 329
hosted by the department. 330
8. Ensure statewide collection opportunities for all 331
covered batteries. 332
9. Coordinate activities with electronic waste recyclers 333
and other battery stewardship organizations to provide efficient 334
delivery of services and avoid unnecessary duplication of effort 335
and expenses. A battery stewardship organization shall use 336
existing public and private waste collection services and 337
facilities, transporters, consolidators, processors, and 338
retailers if cost effective, mutually agreeable, and otherwise 339
practical. 340
10. For portable batteries, provide all of the following 341
within 3 years after approval of the battery stewardship plan: 342
a. At least one permanent collection site within a 15-mile 343
radius for at least 95 percent of state residents; and 344
b. At least one permanent collection site, collection 345
service, or collection event for every 30,000 residents of a 346
county. 347
11. For medium format batteries, provide within 3 years 348
after approval of the battery stewardship plan: 349
a. At least 10 permanent collection sites in this state. 350

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The sites must be reasonably dispersed throughout the state; and 351
b. A collection event at least once every 3 years in each 352
county that does not have a permanent collection site for the 353
collection of all medium format batteries, including damaged and 354
defective medium format batteries. 355
12. Use as a collection site or the site of a collection 356
event any entity that meets the criteria for such under an 357
approved battery stewardship plan and that requests to serve as 358
a collection site or collection event. 359
(b) A battery stewardship organization implementing an 360
approved battery stewardship plan may issue a warning to, 361
suspend, or terminate a collection site or service that does not 362
comply with the criteria contained in the approved plan or that 363
poses an immediate concern to health and safety. 364
(c) A battery stewardship organization operating under a 365
plan approved by the department under this section shall notify 366
the department within 90 days after a producer begins or ceases 367
participation in the organization or within 90 days after adding 368
or removing a processor or transporter under the approved plan. 369
(9) A battery stewardship organization is not required to 370
provide for the collection of covered batteries that remain in 371
battery containing products at the time of delivery to a 372
collection site or collection event or batteries or battery 373
containing products that are recalled for safety reasons. A 374
battery stewardship organization may seek reimbursement from the 375

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producer of a battery or battery containing product that is 376
recalled for safety reasons for the costs incurred in 377
collecting, transporting, or processing such batteries and 378
products. 379
(10) A battery stewardship organization implementing an 380
approved battery stewardship plan shall do all of the following 381
to promote the implementation of the plan: 382
(a) Develop and maintain a website. 383
(b) Develop and place advertisements on social media or 384
other relevant media platforms. 385
(c) Develop promotional materials about safe battery 386
collection and disposal and the restrictions on disposing of 387
covered batteries under this section. 388
(d) Develop and distribute collection site safety training 389
procedures to collection sites to help ensure proper management 390
of covered batteries at collection sites. 391
(e) Provide consumer-focused educational materials, to 392
each collection site used under the plan, that are accessible by 393
customers of retailers that sell covered batteries or battery 394
containing products. 395
(f) Provide safety information related to covered battery 396
collection activities to the operator of each collection site 397
used under the plan, including appropriate protocols to reduce 398
risks of spills or fires, to respond to a spill or fire, and to 399
manage a collected damaged or defective battery. 400

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(g) Provide educational materials to the operator of each 401
collection site used under the plan for the management of 402
recalled batteries. 403
(h) Upon request by a retailer or other potential 404
collection site, provide educational materials describing 405
collection opportunities for covered batteries. 406
(i) Coordinate with other battery stewardship 407
organizations implementing a battery stewardship plan in 408
providing education and outreach pursuant to this section. 409
(j) During the first year of implementing a battery 410
stewardship plan and once every 5 years thereafter, conduct a 411
survey of public awareness of the outreach efforts undertaken 412
pursuant to this section. The battery stewardship organization 413
shall submit the results of the surveys to the department. 414
(11) Beginning June 1, 2029, and every June 1 thereafter, 415
a battery stewardship organization implementing a battery 416
stewardship plan shall submit a report to the department that 417
includes all of the following: 418
(a) A summary financial statement documenting the 419
financing of the plan and an analysis of plan costs and 420
expenditures, including an analysis of the plan's expenses. 421
(b) The weight, by chemistry, of covered batteries 422
collected under the plan. 423
(c) The total weight of materials recycled from covered 424
batteries collected under the plan, by recycling method. 425

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(d) A calculation of the recycling efficiency rate under 426
the plan. 427
(e) A list of all facilities used to process or dispose of 428
covered batteries under the plan and a summary of any violations 429
of environmental laws and regulations during the previous 3 430
years for each facility. 431
(f) For each facility used for the final disposition of 432
covered batteries under the plan, a description of how the 433
facility recycled or otherwise managed batteries and battery 434
components. 435
(g) The weight and chemistry of covered batteries sent to 436
each facility used for the final disposition of such batteries. 437
This information may be approximated based on extrapolations of 438
national or regional data for plans implemented in other states. 439
(h) The estimated aggregate sales, by weight and 440
chemistry, of covered batteries, including covered batteries 441
contained in or packaged with battery containing products, sold 442
in this state by the battery stewardship organization's 443
participating producers for each of the previous 3 calendar 444
years. 445
(i) A description of how collected batteries were managed 446
and recycled, including a discussion of best available 447
technologies and the recycling efficiency rate. 448
(j) A description of education and outreach efforts 449
supporting implementation of the plan, including: 450

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1. A summary of such education and outreach provided to 451
consumers, collection sites, manufacturers, distributors, and 452
retailers to promote the collection and recycling of covered 453
batteries; 454
2. A description of how such education and outreach met 455
the requirements of this section; 456
3. Samples of such education and outreach materials; 457
4. A summary of coordinated efforts for such education and 458
outreach with any other battery stewardship organizations 459
implementing a battery stewardship plan; and 460
5. A summary of any changes made during the previous 461
calendar year to such education and outreach activities. 462
(k) A list of all collection sites used to implement the 463
plan, an address for each listed site, a link to the website of 464
each listed site, if available, and a map indicating the current 465
location of each site. 466
(l) A description of methods used to collect, transport, 467
and recycle covered batteries under the plan. 468
(m) A summary of progress made toward the performance 469
goals under the plan, and if applicable, an explanation of why 470
performance goals were not met. 471
(n) An evaluation of the effectiveness of education and 472
outreach activities. 473
(o) If a battery stewardship organization has disposed of 474
covered batteries through energy recovery, incineration, or 475

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landfilling during the preceding calendar year of plan 476
implementation, the steps the organization has taken to make the 477
recycling of covered batteries cost-effective, when possible, or 478
to otherwise increase battery recycling efficiency rates. 479
(12) A producer, retailer, or battery stewardship 480
organization may not charge a point-of-sale fee to consumers to 481
cover the costs of implementing an approved battery stewardship 482
plan. 483
(13) The department shall include all of the following on 484
its website: 485
(a) Copies of all approved battery stewardship plans and 486
any amendments to such plans. 487
(b) The names of the producer members covered under an 488
approved battery stewardship plan. 489
(c) A list of brands of covered batteries covered under an 490
approved battery stewardship plan. 491
(d) A copy of each annual report submitted to the 492
department under this section. 493
(14) A producer, retailer, or battery stewardship 494
organization is not liable for any claim of a violation of 495
antitrust laws or laws relating to fraudulent, deceptive, or 496
unfair methods of competition or trade practices arising from 497
conduct that complies with a battery stewardship plan approved 498
under this section. 499
(15)(a) This section does not prevent or prohibit a person 500

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from offering or performing a household collection service or a 501
mail-back service for covered batteries or a recycler located in 502
this state from offering a collection service for covered 503
batteries independently of a battery stewardship organization 504
if: 505
1. The services are performed and facilities are operated 506
in compliance with all applicable federal, state, and local 507
laws; and 508
2. All batteries collected by the person or recycler from 509
customers in this state are provided to a battery stewardship 510
organization implementing an approved battery stewardship plan. 511
(b) After providing collected batteries to a battery 512
stewardship organization, any transport and processing of such 513
batteries by the battery stewardship organization shall be done 514
at the battery stewardship organization's expense. A battery 515
stewardship organization may refuse to accept batteries from any 516
such person or recycler if the department is notified of the 517
reason for such refusal. 518
(c) A person or recycler under this subsection may keep 519
the covered batteries collected from customers in this state for 520
purposes of recycling if such person or recycler provides data 521
for such collection and recycling to the department. Such data 522
must include all of the following: 523
1. The weight, by chemistry, of covered batteries 524
collected. 525

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2. The weight of materials recycled from covered batteries 526
collected, in total and by method of battery recycling. 527
3. A recycling efficiency rate calculation. 528
4. A list of all facilities used in the processing or 529
disposition of covered batteries and a summary of any violations 530
of environmental laws and regulations during the previous 3 531
years at each facility. 532
5. A description of how each facility used for the final 533
disposition of covered batteries recycled or otherwise managed 534
batteries and battery components. 535
6. The weight and chemistry of covered batteries sent to 536
each facility used for the final disposition of such batteries. 537
A person or recycler may not receive compensation from a battery 538
stewardship organization for any batteries collected, 539
transported, or recycled under this subsection. 540
(16) Beginning January 1, 2028, all of the following 541
apply: 542
(a) A person may dispose of a covered battery only by 543
delivery to a collection site or collection event operated under 544
an approved battery stewardship plan, unless the battery is 545
regulated as hazardous waste. 546
(b) A person may not knowingly cause or allow the mixing 547
of a covered battery with recyclable materials that are intended 548
for processing and sorting at a material recovery facility. 549
(c) A person may not knowingly cause or allow the mixing 550

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of a covered battery with municipal waste that is intended for 551
disposal at a landfill. 552
(d) A person may not knowingly cause or allow the disposal 553
of a covered battery in a landfill. 554
(e) A person may not knowingly cause or allow the mixing 555
of a covered battery with waste that is intended for burning or 556
incineration. 557
(f) A person may not knowingly cause or allow the burning 558
or incineration of a covered battery. 559
(17)(a) An owner or operator of a solid waste facility may 560
not be found in violation of this section if the facility has 561
posted in a conspicuous location a sign stating that covered 562
batteries are managed through collection sites established by a 563
battery stewardship organization and are not accepted for 564
disposal at the facility. 565
(b) A solid waste collector may not be found in violation 566
of this section for a covered battery placed in a disposal 567
container by a third party. 568
(18) Unless the department is notified of the reason, a 569
battery stewardship organization may not refuse to accept 570
covered batteries that are inadvertently received by a recycling 571
or solid waste facility if the batteries are properly packaged. 572
(19)(a) A person who violates this section is subject to a 573
civil penalty of $1,000 for each violation. 574
(b) A person who knowingly makes a false material 575

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statement to the department related to a battery stewardship 576
plan submitted commits a felony of the third degree, punishable 577
as provided in s. 775.082, s. 775.083, or s. 775.084. 578
(c) In addition to any other penalty, the Attorney General 579
or the state attorney of the county in which a violation occurs 580
may bring an action to enjoin a person from violating this 581
section. 582
(d) A civil penalty collected under this section shall be 583
deposited into the Legal Affairs Revolving Trust Fund of the 584
Department of Legal Affairs and allocated solely to the 585
Department of Legal Affairs for the purpose of enforcing this 586
section. 587
(20)(a) A battery stewardship organization implementing an 588
approved battery stewardship plan may bring a civil action to 589
recover reasonable attorney fees and costs and damages from a 590
producer who sells or otherwise makes available in this state 591
covered batteries or battery containing products not included in 592
an approved battery stewardship plan in violation of this 593
section. Such action may only be brought against a defendant 594
producer if the battery stewardship organization incurs costs in 595
this state, including reasonable attorney fees and costs and 596
reasonable incremental administrative costs in excess of $1,000 597
to collect, transport, and recycle or otherwise dispose of the 598
covered batteries or battery containing products of a 599
nonparticipating producer. 600

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(b) A battery stewardship organization implementing an 601
approved battery stewardship plan may bring a civil action 602
against a producer of a recalled battery to recover costs 603
associated with handling the recalled battery, including 604
attorney fees and costs. 605
(c) A battery stewardship organization implementing an 606
approved battery stewardship plan may bring a civil action 607
against another battery stewardship organization that 608
underperforms on its battery collection obligations under this 609
section by failing to collect and provide for the end-of-life 610
management of batteries in an amount roughly equivalent to costs 611
imposed on the plaintiff battery stewardship organization by 612
virtue of the failures of the defendant battery stewardship 613
organization, plus attorney fees and cost. 614
Section 4. This act shall take effect July 1, 2026. 615