Battery Collection and Recovery

Florida Senate
-
2026

CS for SB 912

By
the Committee on Environment and Natural Resources; and
Senator McClain

592-02470-26 2026912c1
1 A bill to be entitled
2 An act relating to battery collection and recovery;
3 creating s. 403.71871, F.S.; providing a short title;
4 creating s. 403.71872, F.S.; defining terms; creating
5 s. 403.71873, F.S.; requiring a producer to fulfill
6 certain requirements, beginning on a specified date,
7 before selling, offering for sale, or distributing for
8 sale in this state any covered battery or battery
9 containing product; providing applicability;
10 authorizing the department to amend by rule certain
11 provisions for a certain purpose; requiring certain
12 producers to list certain information on a battery
13 beginning on a specified date; prohibiting a producer,
14 retailer, or battery stewardship organization (BSO)
15 from charging a certain fee to consumers; creating s.
16 403.71874, F.S.; requiring a BSO operating in this
17 state to submit a battery stewardship plan to the
18 Department of Environmental Protection for review and
19 approval, beginning on a specified date; providing
20 requirements for the plan; providing a term of
21 validity for the plan; requiring a BSO with an
22 approved plan to take certain actions; requiring the
23 department to make a certain determination regarding a
24 battery stewardship plan or plan amendment within a
25 specified timeframe; providing certain requirements
26 for the department and a BSO in the event a battery
27 stewardship plan or amendment is denied; creating s.
28 403.71875, F.S.; providing fiscal duties for a BSO
29 implementing an approved battery stewardship plan;
30 creating s. 403.71876, F.S.; requiring a BSO to take
31 certain actions to implement an approved battery
32 stewardship plan; defining the term “damaged and
33 defective batteries”; authorizing a BSO implementing
34 an approved battery stewardship plan to issue a
35 warning for the suspension or termination of certain
36 collection sites or services; providing that a BSO is
37 not required to provide for the collection of
38 batteries, battery-containing products, or covered
39 batteries if such batteries or products are recalled
40 for safety reasons; authorizing a BSO to seek
41 reimbursement from the producer of such batteries or
42 battery-containing products for certain costs;
43 creating s. 403.71877, F.S.; requiring a BSO to take
44 certain actions to promote the implementation of an
45 approved battery stewardship plan; creating s.
46 403.71878, F.S.; requiring a BSO to submit a report to
47 the department annually beginning on a specified date;
48 providing requirements for such report; requiring a
49 BSO to hire an independent third party to audit the
50 battery stewardship plan and plan operation within a
51 specified timeframe after the implementation of an
52 approved battery stewardship plan; providing
53 requirements for such audit; requiring a BSO to submit
54 a copy of the audit to the department; creating s.
55 403.71879, F.S.; requiring the department to include
56 certain information on its website relating to battery
57 stewardship plans; creating s. 403.71881, F.S.;
58 providing that a producer, retailer, or BSO is not
59 liable for any claim of a violation of antitrust laws
60 or laws relating to fraudulent, deceptive, or unfair
61 methods of competition or trade practices; creating s.
62 403.71882, F.S.; authorizing a person or recycler to
63 offer or perform fee-based household battery
64 collection services or mail-back battery collection
65 services independently of a BSO if certain conditions
66 are met; authorizing a BSO to refuse to accept
67 batteries from any such person or recycler if the
68 department is notified of the reason for such refusal;
69 authorizing such person or recycler to recycle covered
70 batteries if such person or recycler provides annual
71 collection and recycling data to the department;
72 providing requirements for such data; prohibiting such
73 person or recycler from receiving compensation from a
74 BSO for certain batteries, unless otherwise agreed;
75 creating s. 403.71883, F.S.; providing requirements
76 for the disposal and management of covered batteries,
77 beginning on a specified date; providing an exception
78 for an owner or operator of a solid waste facility or
79 a solid waste collector under certain circumstances;
80 prohibiting a BSO from refusing to accept certain
81 covered batteries unless the BSO provides certain
82 notice to the department; creating s. 403.71884, F.S.;
83 providing civil and criminal penalties; authorizing
84 the Attorney General and certain county attorneys to
85 bring certain actions; authorizing a BSO to bring a
86 civil action against certain producers; providing
87 construction; authorizing a BSO to bring a civil
88 action against another BSO under certain
89 circumstances; repealing s. 403.7192, F.S., relating
90 to batteries and the penalties for violations of
91 certain requirements for consumers, manufacturers, and
92 sellers; providing an effective date.
93
94 Be It Enacted by the Legislature of the State of Florida:
95
96 Section 1. Section 403.71871, Florida Statutes, is created
97 to read:
98
403.71
871

Short title.—Sections 403.71871-403.71884 may be

99
cited as the “Safe Battery Collection and Recovery Act.”

100 Section 2. Section 403.71872, Florida Statutes, is created
101 to read:
102
403.71872

Definitions.—As used in ss. 403.71871-403.71884,

103
the term:

104
(1)

“Battery-containing product” means a product that

105
contains or is packaged with a covered battery. The term does

106
not include computers, small-scale servers, computer monitors,

107
printers, fax machines, scanners, televisions, digital video

108
disc players and recorders, video cassette recorders, digital

109
converter boxes, cable receivers, satellite receivers, portable

110
digital music players, or video game consoles.

111
(2)

“Battery stewardship organization” or “BSO” means:

112
(a) A third-party entity designated by one or more

113
producers to implement an approved battery stewardship plan; or

114
(b) A group of producers which directly implement
s
an

115
approved battery stewardship plan.

116
(3)

“Covered battery” means a portable battery or a medium

117
format battery. The term does not include any of the following:

118
(a)

A battery contained in a medical device as defined in

119
21 U.S.C. s. 321(h) which is not designed or marketed for sale

120
or resale at retail locations for personal use.

121
(b)

A battery that uses free-flowing liquid electrolyte or

122
a product that contains such a battery.

123
(c)

A battery designed to power a motor vehicle, part of a

124
motor vehicle, or a component part of a motor vehicle assembled

125
by or for a vehicle manufacturer or franchised dealer, including

126
replacement parts for use in a motor vehicle.

127
(d)

A battery designed to power an off-highway vehicle as

128
defined in s. 261.03(5), part of an off-highway vehicle, or a

129
component of an off-highway vehicle assembled by or for a

130
vehicle manufacturer or franchised dealer, including replacement

131
parts for use in an off-highway vehicle.

132
(e)

A battery used in a product which is not intended or

133
designed to be easily removable from the product.

134
(f)

A battery or battery-containing product recalled for

135
safety reasons.

136
(g)

A battery or battery-containing product offered for

137
resale by a business that, as part of its operations, offers

138
products for resale to other businesses or to consumers.

139
(h) Batteries or battery materials that are imported into

140
this state after collection and are sold to or managed by

141
collectors, logistics companies, or recyclers for the purpose of

142
end-of-life management.

143
(i) Lead-acid batteries or battery components that weigh 11

144
pounds or more.

145
(4)

“Medium format battery” means any of the following:

146
(a)

For nonrechargeable batteries, a battery that weighs

147
more than 4.4 pounds, but not more than 25 pounds; or

148
(b)

For rechargeable batteries, a battery that weighs more

149
than 11 pounds or that has a rating of more than 300 watt-hours,

150
or both, but weighs not more than 25 pounds or has a rating of

151
less than 2,000 watt-hours.

152
(5)

“Portable battery” means any of the following:

153
(a)

For nonrechargeable batteries, a battery that weighs

154
4.4 pounds or less; or

155
(b)

For rechargeable batteries, a battery that weighs 11

156
pounds or less and has a rating of not more than 300 watt-hours.

157
(6)(a)

“Producer” means the following person or persons

158
responsible for compliance with requirements under this chapter

159
for a covered battery or battery-containing product sold,

160
offered for sale, or distributed in or into this state:

161
1.

For covered batteries:

162
a.

If the battery is sold under the brand of the battery

163
manufacturer, the producer is the person who manufactures the

164
battery;

165
b.

If the battery is sold under a retail brand or under a

166
brand owned by a person other than the manufacturer, the

167
producer is the brand owner;

168
c.

If there is no person to whom sub-subparagraph a. or

169
sub-subparagraph b. applies, the producer is the person who is

170
the licensee of a brand or trademark under which the battery is

171
used in a commercial enterprise, sold, offered for sale, or

172
distributed in or into this state, regardless of whether the

173
trademark is registered in this state;

174
d.

If there is no person to whom sub-subparagraph a., sub

175
subparagraph b., or sub-subparagraph c. applies, the producer is

176
the person who is the importer of record for importing the

177
battery into the United States for use in a commercial

178
enterprise that sells, offers for sale, or distributes the

179
battery in this state; or

180
e.

If there is no person to whom sub-subparagraph a., sub

181
subparagraph b., sub-subparagraph c., or sub-subparagraph d.

182
applies or no person with a commercial presence in this state,

183
the producer is the person who first sells, offers for sale, or

184
distributes the battery in or into this state.

185
2.

For covered battery-containing products:

186
a.

If the battery-containing product is sold under the

187
brand of the product manufacturer, the producer is the person

188
who manufactures the product;

189
b.

If the battery-containing product is sold under a retail

190
brand or under a brand owned by a person other than the

191
manufacturer, the producer is the brand owner;

192
c.

If there is no person to whom sub-subparagraph a. or

193
sub-subparagraph b. applies, the producer is the person who is

194
the licensee of a brand or trademark under which the product is

195
used in a commercial enterprise, sold, offered for sale, or

196
distributed in or into this state, regardless of whether the

197
trademark is registered in this state;

198
d.

If there is no person described in sub-subparagraph a.,

199
sub-subparagraph b., or sub-subparagraph c. within the United

200
States, the producer is the person who is the importer of record

201
for the product into the United States for use in a commercial

202
enterprise that sells, offers for sale, or distributes the

203
product in this state; or

204
e.

If there is no person described in sub-subparagraph a.,

205
sub-subparagraph b., sub-subparagraph c., or sub-subparagraph d.

206
with a commercial presence in this state, the producer is the

207
person who first sells, offers for sale, or distributes the

208
product in or into this state.

209
(b)

A producer does not include any person who only

210
manufactures, sells, offers for sale, distributes, or imports

211
into this state a battery-containing product if the only

212
batteries used by the battery-containing product are supplied by

213
a producer that has joined a registered BSO as the producer for

214
that covered battery under this chapter. Such a producer of

215
covered batteries that are included in a battery-containing

216
product shall provide written certification of that membership

217
in a registered BSO to both the producer of the covered battery

218
containing product and the BSO of which the battery producer is

219
a member.

220
(7)

“Rechargeable battery” means a battery that contains

221
one or more voltaic or galvanic cells electrically connected to

222
produce electric energy and that is designed to be recharged.

223
(8)

“Recovery” means collecting, accumulating, and

224
transporting quantities of covered batteries or battery

225
containing products for the purpose of end-of-life management.

226
(9)(a)

“Recycling” means the reprocessing, by means of a

227
manufacturing process, of a used material into a product or a

228
secondary raw material.

229
(b)

The term does not include:

230
1.

Energy recovery or energy generation by means of

231
combustion of the used material;

232
2.

Use of the used material as a fuel;

233
3.

Use of the used material as alternative daily cover,

234
meaning material placed on the surface of a landfill at the end

235
of each operating day to prevent such hazards as fires and to

236
manage odors; or

237
4.

Landfill disposal of discarded covered materials.

238
(10)

“Retailer” means a person or an entity that sells or

239
offers for sale a covered battery in this state or offers or

240
otherwise makes available covered batteries or battery

241
containing products to a customer, including other businesses,

242
in this state.

243 Section 3. Section 403.71873, Florida Statutes, is created
244 to read:
245
403.71873

Requirements for producers or retailers of

246
covered batteries or battery-containing products; prohibition
.—

247
(1)

REQUIREMENTS.—

248
(a)

Beginning January 1, 2028, a producer must do all of

249
the following before selling, offering for sale, or distributing

250
for sale in this state any covered battery or battery-containing

251
product:

252
1.

Be a member of a BSO operating pursuant to a battery

253
stewardship plan approved by the department under s. 403.71874.

254
This subparagraph does not apply to a retailer if the website

255
maintained by the department pursuant to s. 403.71879 lists, as

256
of the date a battery or product is made available for retail

257
sale, the producer or brand of the battery or product in the

258
approved battery stewardship plan. Retailers of covered

259
batteries or battery-containing products are not required to

260
make retail locations available to serve as collection sites for

261
a stewardship program operated by a BSO. Retailers that serve as

262
a collection site may participate in an approved stewardship

263
plan and comply with the requirements for collection sites,

264
consistent with s. 403.71876.

265
2.

Provide verification to the department that the covered

266
battery or the battery in the battery-containing product has

267
labeling or is imprinted with text that identifies the producer

268
of the battery with a clear mark or insignia.

269
(b)

Beginning January 1, 2029, a producer of a covered

270
battery or
a
battery in a battery-containing product must list

271
the following information on
such
batteries:

272
1.

The chemistry of the battery.

273
2.

An indicator that the battery may not be disposed of as

274
household waste and is not eligible for curbside recycling.

275
276
Subparagraph (a)2. and paragraph (b) do not apply to a battery

277
that can fit entirely, in any orientation, into the small parts

278
cylinder described in 16 C.F.R. s. 1501.4. In this case, the

279
mark required pursuant to subparagraph (a)2. must be placed on

280
the packaging of the battery or battery-containing product. The

281
department may amend by rule the requirements of this subsection

282
to maintain consistency with the labeling requirements or

283
voluntary standards for batteries established in federal law.

284
(2)

PROHIBITION.—A producer, retailer, or BSO may not

285
charge a point-of-sale fee to consumers to cover the costs of

286
implementing a battery stewardship plan approved by the

287
department under
s. 403.71874
.

288 Section 4. Section 403.71874, Florida Statutes, is created
289 to read:
290
403.71874

Battery stewardship plan components.—

291
(1)

Beginning January 1, 2027, any BSO operating in this

292
state shall submit a battery stewardship plan, referred to

293
hereafter as “plan,” to the department for review and approval.

294
(2)

A plan must include all of the following:

295
(a)

The name and contact information of each producer

296
included in the plan.

297
(b)

The brand of the covered battery or batteries that the

298
BSO’s producer sells, offers for sale, or distributes for sale

299
in this state. All such brands must be listed in the plan.

300
(c)

Performance goals and processes for achieving such

301
goals. Performance goals must include, but need not be limited

302
to, an education and outreach strategy to enhance consumer

303
awareness of the plan and of the convenience and accessibility

304
of end-of-life management options for covered batteries or

305
batteries in battery-containing products collected pursuant to

306
the plan.

307
(d)

Processes for providing notice to retailers of the

308
prohibition in s. 403.71873(2).

309
(e)

Processes for providing collection sites with signage,

310
written materials, and other promotional materials to inform

311
consumers of the available end-of-life management options for

312
covered batteries collected pursuant to the plan.

313
(f)

Collection site safety training procedures that must

314
include, but need not be limited to, all of the following:

315
1.

Operating protocols to reduce risks of spills or fires

316
and response protocols for such events.

317
2.

Protocols for the safe management of damaged or

318
defective batteries.

319
(g)

A detailed budget that equitably distributes plan

320
implementation costs among the members of the BSO.

321
(h)

Procedures and guidelines for covered battery

322
collection which ensure covered battery collection will occur at

323
no cost to consumers on a continuous, convenient, visible, and

324
accessible basis, regardless of the brand or producer of the

325
covered battery.

326
(i)

Procedures and guidelines to govern the execution of s.

327
403.71876.

328
(j)

Criteria for the designation of an entity as a covered

329
battery collection site and the addresses of such designated

330
covered battery collection sites.

331
(k)

The names of proposed service providers, including

332
sorters, transporters, and processors, to be used for the final

333
disposition of batteries.

334
(l)

Procedures and guidelines to govern how the BSO shall

335
coordinate with material recovery facilities and secondary

336
processors to properly process and transport for end-of-life

337
management any covered batteries improperly sent to such

338
facilities through the waste or recycling streams.

339
(m)

Procedures for recordkeeping, tracking, and documenting

340
the management and disposition of collected covered batteries,

341
including any delay anticipated by the BSO in managing medium

342
format batteries.

343
(3)

An approved plan is valid for 5 years. A BSO whose plan

344
is approved pursuant to this section shall do all of the

345
following:

346
(a)

Submit a new plan to the department for approval 1 year

347
before the expiration of the existing approved plan. If the

348
performance goals included in the previously approved plan have

349
not been met, the new plan must include corrective measures that

350
the BSO must implement to meet such performance goals, which may

351
include, but need not be limited to, improvements to the

352
collection site network or increased expenditures dedicated to

353
education and outreach.

354
(b)

Submit plan amendments to the department for approval.

355
(c)

Notify the department within 90 days after a producer,

356
processor, or transporter begins or ceases participation in the

357
BSO, or within 90 days after the addition or removal of a

358
processor or transporter under the plan.

359
(4)(a)

The department shall approve, conditionally approve,

360
or deny a plan or plan amendment within 120 days after receiving

361
such proposed plan or proposed plan amendment.

362
(b)

If the department denies a proposed plan or amendment:

363
1.

The department must notify the BSO of the denial in

364
writing and provide a rationale describing why the proposed plan

365
or amendment does not comply with this section;

366
2.

The BSO must submit a revised plan or plan amendment, or

367
notice of plan or plan amendment withdrawal, within 60 days

368
after the denial; and

369
3.

The department must approve or deny the revised plan or

370
plan amendment within 90 days after resubmittal. The denial of a

371
revised plan or plan amendment may be appealed to the

372
department, and the appeal must be in accordance with chapter

373
120.

374 Section 5. Section 403.71875, Florida Statutes, is created
375 to read:
376
403.71875

Battery stewardship organization fiscal duties.—A

377
BSO implementing a battery stewardship plan approved under s.

378
403.71874 has all of the following fiscal duties:

379
(1)

Responsibility for all costs associated with

380
implementing the plan.

381
(2)

Reimbursement of local governments for demonstrable

382
costs incurred by a local government facility or solid waste

383
facility designated as a collection site under the plan.

384
Reimbursement shall only be for local government and solid waste

385
or recyclables handling facilities that individually collect

386
more than 200 pounds annually.

387
(3)

Collection of charges from participating producers

388
sufficient to cover the costs of implementing the plan,

389
including battery collection, transportation, processing,

390
education and outreach, and program evaluation.

391 Section 6. Section 403.71876, Florida Statutes, is created
392 to read:
393
403.7187
6

Collection and
m
anagement
r
equirements
.—

394
(1)

A BSO implementing an approved battery stewardship plan

395
shall do all of the following:

396
(a)

Provide for the collection of all covered batteries,

397
statewide, from any person, regardless of the chemistry or brand

398
of the battery, on a free, continuous, convenient, and

399
accessible basis.

400
(b)

Equip collection sites designated pursuant to s.

401
403.71874(2)(j), at no cost to the sites, with suitable

402
collection containers for covered batteries that are segregated

403
from other solid waste, or provide alternative arrangements for

404
the collection of such batteries at the site.

405
(c)

Ensure that medium format batteries are collected only

406
at household hazardous waste collection sites or other staffed

407
collection sites that meet applicable federal, state, and local

408
requirements for managing medium format batteries.

409
(d)

Provide for the collection of damaged and defective

410
batteries, by persons trained to handle and ship such batteries,

411
at collection sites and at each permanent household hazardous

412
waste facility and each household hazardous waste collection

413
event provided by the department. As used in this paragraph, the

414
term “damaged and defective batteries” means batteries that have

415
been damaged or that have been identified by the manufacturer as

416
being defective for safety reasons and that have the potential

417
to produce a dangerous evolution of heat, fire, or short

418
circuit, as referred to in 49 C.F.R. s. 173.185(f), or as

419
provided by the state by rule to maintain consistency with

420
federal standards.

421
(e)

Coordinate the delivery of services with existing

422
public and private waste collection services and facilities;

423
transporters; consolidators; processors; electronic waste

424
recyclers; other BSOs; retailers if cost-effective, mutually

425
agreeable, and otherwise practical; or other related entities to

426
provide efficient and cost-effective delivery of services.

427
(f)

For portable batteries, provide all of the following

428
within 3 years after approval of the battery stewardship plan:

429
1.

At least one permanent collection site within a 15-mile

430
radius for at least 95 percent of state residents; and

431
2.

At least one permanent collection site, collection

432
service, or collection event for every 30,000 residents of a

433
county.

434
(g)

For medium format batteries, provide all of the

435
following within 3 years after approval of the battery

436
stewardship plan:

437
1.

At least 10 permanent collection sites in this state.

438
Such sites must be reasonably dispersed throughout this state;

439
2.

A collection event at least once every 3 years in each

440
county that does not have a permanent collection site, which

441
must provide for the collection of all medium format batteries,

442
including damaged and defective medium format batteries; and

443
3.

Any entity that may be used as a collection site or that

444
will authorize a collection event on its property that satisfies

445
the criteria in this paragraph.

446
(2)

A BSO implementing an approved battery stewardship plan

447
may issue a warning for the suspension or termination of a

448
collection site or service that does not comply with the

449
approved plan or that poses an immediate threat to public health

450
and safety.

451
(3)

A BSO is not required to provide for the collection of

452
batteries, battery-containing products, or covered batteries

453
that remain contained in a battery-containing product at the

454
time of delivery to a collection site or collection event if

455
such batteries or products are under a recall for safety

456
reasons. A BSO may seek reimbursement from the producer of a

457
battery or battery-containing product under recall for safety

458
reasons for the costs incurred in collecting, transporting, or

459
processing such batteries and products.

460 Section 7. Section 403.71877, Florida Statutes, is created
461 to read:
462
403.71877

Battery stewardship plan implementation.—A BSO

463
implementing an approved battery stewardship plan shall do all

464
of the following to promote the implementation of the plan:

465
(1)

Develop and maintain a website.

466
(2)

Develop and place advertisements on social media or

467
other relevant media platforms.

468
(3)

Develop promotional materials about the plan and the

469
restrictions on disposing of covered batteries.

470
(4)

Develop and distribute to collection sites collection

471
site safety training procedures to help ensure proper management

472
of covered batteries at collection sites.

473
(5)

Provide to each collection site used under the plan

474
consumer-focused educational materials that are accessible by

475
customers of retailers that sell covered batteries or battery

476
containing products.

477
(6)

Provide safety information related to covered battery

478
collection activities to the operator of each collection site

479
used under the plan, including appropriate protocols to reduce

480
risks of spills or fires, respond to a spill or fire, and manage

481
a collected damaged or defective battery.

482
(7)

Provide educational materials to the operator of each

483
collection site used under the plan for the management of

484
recalled batteries.

485
(8)

Upon request by a retailer or other potential

486
collection site, provide educational materials describing

487
collection opportunities for covered batteries.

488
(9)

Coordinate with other BSOs implementing a battery

489
stewardship plan in providing education and outreach under s.

490
403.71874(2)(c).

491
(10)

Conduct a survey, during the first year of

492
implementing a battery stewardship plan and once every 5 years

493
thereafter, of public awareness of the outreach efforts

494
undertaken pursuant to this section. The BSO shall make the

495
results of the surveys available to the department.

496 Section 8. Section 403.71878, Florida Statutes, is created
497 to read:
498
403.71878

Reporting requirements.—

499
(1)

Starting June 1, 2029, and annually thereafter, a BSO

500
implementing an approved battery stewardship plan shall submit a

501
report to the department which includes all of the following:

502
(a)

A summary financial statement documenting the financing

503
of the plan and an analysis of plan costs and expenditures,

504
including an analysis of the plan’s expenses, such as

505
collection, transportation, management, education, and

506
administrative overhead. The summary financial statement is

507
sufficiently detailed if it provides transparency regarding

508
funds collected from producers spent on plan implementation, in

509
addition to other necessary financial accounting information.

510
(b)

The weight, by chemistry, of collected covered

511
batteries.

512
(c)

A list of all facilities used in the processing or

513
disposition of covered batteries under the plan.

514
(d)

For each facility used for the final disposition of

515
covered batteries under the plan, an overview of how the

516
facility processed or otherwise managed batteries and battery

517
components.

518
(e)

The weight and chemistry of covered batteries sent to

519
each facility used for the final disposition of batteries. This

520
information may be approximated based on extrapolations of

521
national or regional data for programs in operation in multiple

522
states.

523
(f)

The estimated aggregate sales, by weight and chemistry,

524
of covered batteries, including covered batteries contained in

525
or packaged with battery-containing products, sold in this state

526
by the BSO’s participating producers for each of the previous 3

527
calendar years.

528
(g)

A summary describing the management and recycling of

529
collected batteries.

530
(h)

A description of education and outreach efforts

531
supporting plan implementation, including:

532
1.

A summary of education and outreach provided to

533
consumers, collection sites, manufacturers, distributors, and

534
retailers to promote the collection and recycling of covered

535
batteries and an analysis of how such education and outreach met

536
the requirements under s. 403.71874(2)(c)2.;

537
2.

Samples of education and outreach materials;

538
3.

A summary of coordinated education and outreach efforts

539
with any other BSOs implementing a battery stewardship plan;

540
4.

A summary of any changes made during the previous

541
calendar year to education and outreach activities; and

542
5.

An evaluation of the effectiveness of education and

543
outreach activities.

544
(i)

A list of all collection sites used to implement the

545
plan, an address for each listed site, a link to the website of

546
each listed site, if available, and an up-to-date map indicating

547
the location of each site.

548
(j)

A description of methods used to collect, transport,

549
and recycle covered batteries under the plan.

550
(k)

An analysis of the performance goals under the plan and

551
the rationale describing why performance goals were not met, if

552
applicable.

553
(2)

After 4 years of implementation of an approved battery

554
stewardship plan, a BSO or a producer member of such

555
organization shall hire an independent third party to conduct a

556
one-time audit of the battery stewardship plan and plan

557
operation. The auditor shall examine the effectiveness of the

558
battery stewardship plan in collecting and managing covered

559
batteries. The auditor shall also examine the cost-effectiveness

560
of the plan and compare it to the cost-effectiveness of

561
collections plans and programs for covered batteries in other

562
jurisdictions. The BSO shall submit a copy of such audit to the

563
department.

564 Section 9. Section 403.71879, Florida Statutes, is created
565 to read:
566
403.71879

Responsibilities of the department.—The

567
department shall include on its website:

568
(1)

A copy of all battery stewardship plans approved under

569
s. 403.71874 and any amendments to such plans;

570
(2)

The names of producer members covered under an approved

571
battery stewardship plan;

572
(3)

A list of brands of covered batteries covered under

573
approved battery stewardship plans; and

574
(4)

A copy of each annual report submitted to the

575
department pursuant to s. 403.71878.

576 Section 10. Section 403.71881, Florida Statutes, is created
577 to read:
578
403.71881

Antitrust.—A producer, retailer, or BSO is not

579
liable for any claim of a violation of antitrust laws or laws

580
relating to fraudulent, deceptive, or unfair methods of

581
competition or trade practices arising from conduct that

582
complies with an approved battery stewardship plan.

583 Section 11. Section 403.71882, Florida Statutes, is created
584 to read:
585
403.71882

Collection of batteries independent of a battery

586
stewardship plan.—

587
(1)

A person or recycler may offer or perform fee-based

588
household battery collection services or mail-back services for

589
covered batteries in this state independently of a BSO if:

590
(a)

The services are performed and facilities are operated

591
in compliance with all applicable federal, state, and local laws

592
and requirements;

593
(b)

The person or recycler accepts all covered batteries;

594
and

595
(c)

Except as provided in subsection (2), all batteries

596
collected by the person or recycler from customers in this state

597
are provided to a BSO implementing an approved battery

598
stewardship plan. After providing collected batteries to a BSO,

599
any transport and processing of such batteries by the BSO must

600
be done at the BSO’s expense. A BSO may refuse to accept

601
batteries from any such person or recycler if the department is

602
notified of the reason for such refusal.

603
(2)

A person or recycler described in subsection (1) may

604
recycle covered batteries collected from customers in this state

605
if such person or recycler provides annual collection data and

606
recycling data to the department. Such data must include all of

607
the following:

608
(a)

The weight, by chemistry, of covered batteries

609
collected.

610
(b)

A description of how each facility recycled or

611
otherwise managed batteries and battery components for the final

612
disposition of covered batteries.

613
(3)

Such person or recycler may not receive compensation

614
from a BSO for any batteries collected, transported, or recycled

615
under this section, unless otherwise agreed.

616 Section 12. Section 403.71883, Florida Statutes, is created
617 to read:
618
403.71883

General battery disposal and collection

619
requirements.—

620
(1)

Beginning January 1, 2028, all of the following shall

621
apply:

622
(a)

A person may dispose of a covered battery only by

623
delivery to a collection site or collection event operated under

624
an approved battery stewardship plan or operated by an

625
independent collector, unless the battery is regulated as

626
hazardous waste.

627
(b)

A person may not knowingly cause or allow the mixing of

628
a covered battery with recyclable materials that are intended

629
for processing and sorting at a material recovery facility

630
without documenting the contents in the shipment manifest, the

631
approval of the receiving party, and the approval of the

632
transporting party.

633
(c)

A person may not knowingly cause or allow the mixing of

634
a covered battery with municipal waste that is intended for

635
disposal at a landfill.

636
(d)

A person may not knowingly cause or allow the disposal

637
of a covered battery in a landfill.

638
(e)

A person may not knowingly cause or allow the mixing of

639
a covered battery with waste that is intended for burning or

640
incineration without documenting contents in the shipment

641
manifest, the approval of the receiving party, and the approval

642
of the transporting party.

643
(2)

An owner or operator of a solid waste facility may not

644
be found in violation of this act if the facility has posted in

645
a conspicuous location a sign stating that covered batteries

646
must be managed through collection sites established by a BSO

647
and are not accepted for disposal.

648
(3)

A solid waste collector is not in violation of this act

649
for a covered battery placed in a disposal container by a

650
person.

651
(4)

A BSO may not refuse to accept covered batteries

652
inadvertently received by a recycling or solid waste facility if

653
the batteries are properly packaged, unless the BSO properly

654
notifies the department.

655 Section 13. Section 403.71884, Florida Statutes, is created
656 to read:
657
403.7188
4

Penalties
.—

658
(1)

PENALTIES.—

659
(a)

A person who violates this act shall be subject to a

660
civil penalty of $1,000 for each violation.

661
(b)

A person who knowingly makes a false material statement

662
to the department related to a battery stewardship plan

663
submitted pursuant to s. 403.71874 commits a felony of the third

664
degree, punishable as provided in s. 775.082, s. 775.083, or s.

665
775.084.

666
(c)

The Attorney General or the county attorney of any

667
county in which a violation of the act occurs may, in addition

668
to any other penalty, bring an action to enjoin any person from

669
violating this act.

670
(2)

CIVIL ACTION.—

671
(a)

A BSO implementing an approved battery stewardship plan

672
may bring a civil action or actions to recover costs and

673
damages, as specified in this section, from a producer who sells

674
or otherwise makes available in this state covered batteries or

675
battery-containing products not included under an approved plan

676
in violation of the requirements of this act. An action under

677
this subsection may be brought against one or more defendants.

678
An action under this subsection may be brought against a

679
defendant producer only if the BSO incurs costs in this state,

680
including legal fees and expenses and reasonable incremental

681
administrative and program promotional costs, in excess of

682
$1,000 to collect, transport, and recycle or otherwise dispose

683
of the covered batteries or battery-containing products of a

684
nonparticipating producer.

685
(b)

A BSO implementing an approved battery stewardship plan

686
may bring a civil action against a producer of a recalled

687
battery to recover costs associated with handling the recalled

688
battery, including legal fees and expenses.

689
(c)

A BSO implementing an approved battery stewardship plan

690
may bring a civil action against another BSO that underperforms

691
on its battery collection obligations under this act by failing

692
to collect and provide for the end-of-life management of

693
batteries in an amount roughly equivalent to costs imposed on

694
the plaintiff BSO by virtue of the failures of the defendant

695
BSO, plus legal fees and expenses.

696 Section 14.
Section 403.7192, Florida Statutes, is

697
repealed.

698 Section 15. This act shall take effect July 1, 2026.