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CS/HB 1089 2026
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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 waste facilities; amending ss. 2
403.706 and 403.707, F.S.; prohibiting a local 3
government and the Department of Environmental 4
Protection from issuing a construction permit for 5
certain solid waste disposal and waste-to-energy 6
facilities under certain circumstances; amending ss. 7
403.703, 403.7049, and 403.705, F.S.; conforming 8
cross-references; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Subsections (2) through (23) of section 13
403.706, Florida Statutes, are renumbered as subsections (3) 14
through (24), respectively, present subsections (4), (6), (7), 15
and (20) are amended, and a new subsection (2) is added to that 16
section, to read: 17
403.706 Local government solid waste responsibilities.— 18
(2)(a) A local government may not issue a construction 19
permit pursuant to s. 403.707 for a new solid waste disposal 20
facility that uses an ash-producing incinerator or for a waste-21
to-energy facility if the proposed location of such facility is 22
sited within 1 mile of any impoundment area authorized by 23
Congress with an effective interior storage of at least 100 24
acres for purposes of capturing, storing, and distributing 25
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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
surface water, improving hydroperiods and hydropatterns in any 26
water conservation area, increasing spatial extent of wetlands, 27
benefiting any federally listed threatened and endangered 28
species, flood mitigation, or groundwater recharge. 29
(b) Paragraph (a) does not apply to: 30
1. Any canal. 31
2. Any existing construction, current operation, or 32
modification to such structure or operation in existence as of 33
July 1, 2026. 34
3. Any parcel located in a county with a population of 35
less than 1.7 million according to the United States 2020 36
decennial census. 37
(5)(4)(a) In order to promote the production of renewable 38
energy from solid waste, each megawatt-hour produced by a 39
renewable energy facility using solid waste as a fuel shall 40
count as 1 ton of recycled material and shall be applied toward 41
meeting the recycling goals set forth in this section. If a 42
county creating renewable energy from solid waste implements and 43
maintains a program to recycle at least 50 percent of municipal 44
solid waste by a means other than creating renewable energy, 45
that county shall count 1.25 tons of recycled material for each 46
megawatt-hour produced. If waste originates from a county other 47
than the county in which the renewable energy facility resides, 48
the originating county shall receive such recycling credit. Any 49
byproduct resulting from the creation of renewable energy that 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
is recycled shall count towards the county recycling goals in 51
accordance with the methods and criteria developed pursuant to 52
paragraph (3)(h) (2)(h). 53
(b) A county may receive credit for one-half of the 54
recycling goal set forth in subsection (3) (2) from the use of 55
yard trash, or other clean wood waste or paper waste, in 56
innovative programs including, but not limited to, programs that 57
produce alternative clean-burning fuels such as ethanol or that 58
provide for the conversion of yard trash or other clean wood 59
waste or paper waste to clean-burning fuel for the production of 60
energy for use at facilities other than a waste-to-energy 61
facility as defined in s. 403.7061. The provisions of this 62
paragraph apply only if a county can demonstrate that: 63
1. The county has implemented a yard trash mulching or 64
composting program, and 65
2. As part of the program, compost and mulch made from 66
yard trash is available to the general public and in use at 67
county-owned or maintained and municipally owned or maintained 68
facilities in the county and state agencies operating in the 69
county as required by this section. 70
(c) A county with a population of 100,000 or less may 71
provide its residents with the opportunity to recycle in lieu of 72
achieving the goal set forth in this section. For the purposes 73
of this section, the "opportunity to recycle" means that the 74
county: 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
1.a. Provides a system for separating and collecting 76
recyclable materials prior to disposal that is located at a 77
solid waste management facility or solid waste disposal area; or 78
b. Provides a system of places within the county for 79
collection of source-separated recyclable materials. 80
2. Provides a public education and promotion program that 81
is conducted to inform its residents of the opportunity to 82
recycle, encourages source separation of recyclable materials, 83
and promotes the benefits of reducing, reusing, recycling, and 84
composting materials. 85
(7)(6) The department may reduce or modify the municipal 86
solid waste recycling goal that a county is required to achieve 87
pursuant to subsection (3) (2) if the county demonstrates to the 88
department that: 89
(a) The achievement of the goal set forth in subsection 90
(3)(2) would have an adverse effect on the financial obligations 91
of a county that are directly related to a waste-to-energy 92
facility owned or operated by or on behalf of the county; and 93
(b) The county cannot remove normally combustible 94
materials from solid waste that is to be processed at a waste-95
to-energy facility because of the need to maintain a sufficient 96
amount of solid waste to ensure the financial viability of the 97
facility. 98
99
The goal shall not be waived entirely and may only be reduced or 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
modified to the extent necessary to alleviate the adverse 101
effects of achieving the goal on the financial viability of a 102
county's waste-to-energy facility. Nothing in this subsection 103
shall exempt a county from developing and implementing a 104
recycling program pursuant to this act. 105
(8)(7) In order to assess the progress in meeting the goal 106
set forth in subsection (3) (2), each county shall, by April 1 107
each year, provide information to the department regarding its 108
annual solid waste management program and recycling activities. 109
(a) The information submitted to the department by the 110
county must, at a minimum, include: 111
1. The amount of municipal solid waste disposed of at 112
solid waste disposal facilities, by type of waste such as yard 113
trash, white goods, clean debris, tires, and unseparated solid 114
waste; 115
2. The amount and type of materials from the municipal 116
solid waste stream that were recycled; and 117
3. The percentage of the population participating in 118
various types of recycling activities instituted. 119
(b) Beginning with the data for the 2012 calendar year, 120
the department shall by July 1 each year post on its website the 121
recycling rates of each county for the prior calendar year. 122
(21)(20) In addition to any other penalties provided by 123
law, a local government that does not comply with the 124
requirements of subsections (3) (2) and (5) is (4) shall not be 125
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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
eligible for grants from the Solid Waste Management Trust Fund, 126
and the department may notify the Chief Financial Officer to 127
withhold payment of all or a portion of funds payable to the 128
local government by the department from the General Revenue Fund 129
or by the department from any other state fund, to the extent 130
not pledged to retire bonded indebtedness, unless the local 131
government demonstrates that good faith efforts to meet the 132
requirements of subsections (3) (2) and (5) (4) have been made 133
or that the funds are being or will be used to finance the 134
correction of a pollution control problem that spans 135
jurisdictional boundaries. 136
Section 2. Subsections (6) through (14) of section 137
403.707, Florida Statutes, are renumbered as subsections (7) 138
through (15), respectively, and a new subsection (6) is added to 139
that section to read: 140
403.707 Permits.— 141
(6)(a) The department may not issue a construction permit 142
pursuant to this section for a new solid waste disposal facility 143
that uses an ash-producing incinerator or for a waste-to-energy 144
facility if the proposed location of such facility is sited 145
within 1 mile of any impoundment area authorized by Congress 146
with an effective interior storage of at least 100 acres for 147
purposes of capturing, storing, and distributing surface water, 148
improving hydroperiods and hydropatterns in any water 149
conservation area, increasing spatial extent of wetlands, 150
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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
benefiting any federally listed threatened and endangered 151
species, flood mitigation, or groundwater recharge. 152
(b) Paragraph (a) does not apply to: 153
1. Any canal. 154
2. Any existing construction, current operation, or 155
modification to such structure or operation in existence as of 156
July 1, 2026. 157
3. Any parcel located in a county with a population of 158
less than 1.7 million according to the United States 2020 159
decennial census. 160
Section 3. Paragraph (b) of subsection (6) and subsections 161
(7) and (21) of section 403.703, Florida Statutes, are amended 162
to read: 163
403.703 Definitions.—As used in this part, the term: 164
(6) "Construction and demolition debris" means discarded 165
materials generally considered to be not water-soluble and 166
nonhazardous in nature, including, but not limited to, steel, 167
glass, brick, concrete, asphalt roofing material, pipe, gypsum 168
wallboard, and lumber, from the construction or destruction of a 169
structure as part of a construction or demolition project or 170
from the renovation of a structure, and includes rocks, soils, 171
tree remains, trees, and other vegetative matter that normally 172
results from land clearing or land development operations for a 173
construction project, including such debris from construction of 174
structures at a site remote from the construction or demolition 175
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project site. Mixing of construction and demolition debris with 176
other types of solid waste will cause the resulting mixture to 177
be classified as other than construction and demolition debris. 178
The term also includes: 179
(b) Except as provided in s. 403.707(10)(j) s. 180
403.707(9)(j), yard trash and unpainted, nontreated wood scraps 181
and wood pallets from sources other than construction or 182
demolition projects; 183
(7) "County," or any like term, means a political 184
subdivision of the state established pursuant to s. 1, Art. VIII 185
of the State Constitution and, when s. 403.706(20) s. 186
403.706(19) applies, means a special district or other entity. 187
(21) "Municipality," or any like term, means a 188
municipality created pursuant to general or special law 189
authorized or recognized pursuant to s. 2 or s. 6, Art. VIII of 190
the State Constitution and, when s. 403.706(20) s. 403.706(19) 191
applies, means a special district or other entity. 192
Section 4. Subsection (5) of section 403.7049, Florida 193
Statutes, is amended to read: 194
403.7049 Determination of full cost for solid waste 195
management; local solid waste management fees.— 196
(5) In order to assist in achieving the municipal solid 197
waste reduction goal and the recycling provisions of s. 198
403.706(3) s. 403.706(2), a county or a municipality which owns 199
or operates a solid waste management facility is hereby 200
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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
authorized to charge solid waste disposal fees which may vary 201
based on a number of factors, including, but not limited to, the 202
amount, characteristics, and form of recyclable materials 203
present in the solid waste that is brought to the county's or 204
the municipality's facility for processing or disposal. 205
Section 5. Paragraph (c) of subsection (2) and subsection 206
(3) of section 403.705, Florida Statutes, are amended to read: 207
403.705 State solid waste management program.— 208
(2) The state solid waste management program shall 209
include, at a minimum: 210
(c) Planning guidelines and technical assistance to 211
counties and municipalities to aid in meeting the municipal 212
solid waste recycling goals established in s. 403.706(3) s. 213
403.706(2). 214
(3) The department shall evaluate and report biennially to 215
the President of the Senate and the Speaker of the House of 216
Representatives on the state's success in meeting the solid 217
waste recycling goal as described in s. 403.706(3) s. 218
403.706(2). 219
Section 6. This act shall take effect July 1, 2026. 220