Senate Bill 50 (2020) — Beverage container deposits
SB 50
Florida Bills
Florida Senate - 2020 SB 50 By Senator Rader 29-00024A-20 202050__ Page 1 of 15 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to beverage container deposits; 2 creating s. 403.778, F.S.; providing a
short title; 3 defining terms; establishing refund values for 4 specified beverage containers; requiring dealers and 5 consumers in this state to pay a deposit fee for 6 specified beverage containers; 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 standards 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; prohibiting 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; requiring 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 centers, and recycling facilities to submit specified 26 information to the department and to make records 27 available to the department upon request; authorizing 28 the department or other specified entities to conduct 29
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 2 of 15 CODING: Words stricken are deletions; words underlined are additions. certain audits; clarifying that certain trade secret 30 information is confidential but authorizing the 31 release of that information in a manner that 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 containers not 35 originally sold in this state or to pay the refund 36 value and handling fees for them; prohibiting certain 37 transactions involving such empty deposit beverage 38 containers and requiring a specified notice to 39 customers; providing a civil penalty for violations; 40 providing for disposition of the penalty; requiring 41 such penalties to be publicly noticed; prohibiting 42 local governments from imposing fees for the same or a 43 similar purpose; providing an effective date. 44 45 WHEREAS, the Legislature finds that roadside litter 46 presents an obstacle to promoting tourism and that reducing the 47 amount of roadside litter improves the quality of life for the 48 residents of this state, and 49 WHEREAS, the Legislature further finds that recycling is an 50 important element of an integrated solid waste management system 51 that protects and preserves environmental resources and reduces 52 economic costs to residents and businesses in this state, and 53 WHEREAS, the Legislature further finds that the reduction 54 of litter and the expansion of recycling program participation 55 is in the best interest of residents and visitors to this state, 56 and 57 WHEREAS, the purposes of this act are to reduce litter, to 58
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 3 of 15 CODING: Words stricken are deletions; words underlined are additions. increase recycling rates for specified deposit beverage 59 containers, to encourage recycling, to reduce waste disposal 60 costs, to provide a connection between manufacturing decisions 61 and recycling program management, to create local jobs, to 62 combat climate change, and to save energy, NOW, THEREFORE, 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66
Section
Section 403.778, Florida Statutes, is created to 67 read: 68 403.778 Beverage container deposits.— 69
(1) SHORT TITLE.—This
section may be cited as the “Florida 70 Beverage Container Deposit Act.” 71
(2) DEFINITIONS.—As used in this section, the term: 72 (a) “Certified recovered materials dealer” has the same 73 meaning as in s. 403.7046(3)(f). 74 (b) “Consumer” means a person who buys a deposit beverage 75 in a deposit beverage container for use or consumption and pays 76 the deposit. 77 (c) “Dealer” means a person who engages in the sale of 78 deposit beverages in deposit beverage containers in this state 79 to a consumer for off-premises consumption. 80 (d) “Deposit beverage” means beer, ale, or another drink 81 produced by fermenting malt; mixed spirits, mixed wine, wine, 82 distilled spirits, and wine coolers; tea and coffee drinks, 83 regardless of any dairy-derived product content; soda; 84 carbonated and noncarbonated water; and all nonalcoholic drinks 85 in liquid form which are intended for internal human consumption 86 and are contained in a deposit beverage container.
The term does 87
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 4 of 15 CODING: Words stricken are deletions; words underlined are additions. not include any of the following: 88 1. A liquid that is a syrup in a concentrated form or that 89 is typically added as an incidental flavoring ingredient in food 90 or drink, such as extracts, cooking additives, sauces, or 91 condiments. 92 2. A liquid that is a drug, medical food, or infant formula 93 as defined by the Federal Food, Drug, and Cosmetic Act, 21 94 U.S.C. ss. 301 et seq. 95 3.
A liquid that is designed and consumed only as a dietary 96 supplement as defined in the Dietary Supplement Health and 97 Education Act of 1994, Pub. L. No. 103-417, and not as a 98 beverage. 99 4. Products that are frozen at the time of sale to the 100 consumer or, in the case of institutional users such as 101 hospitals and nursing homes, at the time of sale to such users. 102 5. Products designed to be consumed in a frozen state. 103 6. Instant drink powders. 104 7. Seafood, meat, or vegetable broths or soups, but not 105 juices made or derived from these products. 106 8.
Milk and all other dairy-derived products, except tea 107 and coffee drinks containing such products. 108 (e) “Deposit beverage container” means a sealed, individual 109 container made of glass, aluminum, steel, bimetal, or plastic, 110 including polyethylene terephthalate, high-density polyethylene, 111 and all other plastic types and grades, in sizes of at least 6 112 fluid ounces but no more than 1 gallon, and used, at the time of 113 sale to the consumer, for containing a deposit beverage intended 114 for use or consumption in this state. 115 (f) “Distributor” means a person who manufacturers deposit 116
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 5 of 15 CODING: Words stricken are deletions; words underlined are additions. beverages in deposit beverage containers in this state or who 117 buys, brings, or accepts delivery of deposit beverage containers 118 from an address, supplier, or any entity outside this state and 119 who engages in the sale of filled deposit beverage containers to 120 a dealer or consumer.
The term includes federal agencies and 121 military distributors, but does not include airlines and 122 shipping companies that merely transport deposit beverage 123 containers. 124 (g) “Mobile redemption center” means a redemption center 125 that offers container redemption services to residences, 126 businesses, or both on their respective sites, either on a one-127 time or regular basis, regardless of whether the services are 128 offered in association with a dealer or permanent redemption 129 center. 130 (h) “On-premises consumption” means the immediate 131 consumption of deposit beverages within the area under the 132 control of the airplane, bar, restaurant, cafe, passenger ship, 133 or other establishment where they are sold. 134 (i) “Person” means a federal agency; the state or a 135 political subdivision of the state; an individual, partnership, 136 firm, association, public or private corporation, trust, or 137 estate; or any other legal entity. 138 (j) “Recycling facility” means all contiguous land, 139 structures, appurtenances, and improvements on land that is: 140 1.
Used for the collection, separation, recovery, and sale 141 or reuse of secondary resources that would otherwise be disposed 142 of as municipal solid waste; and 143 2. An integral part of a manufacturing process aimed at 144 producing a marketable product made of post-consumer material. 145
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 6 of 15 CODING: Words stricken are deletions; words underlined are additions. (k) “Redeemer” means a person, other than a dealer or 146 distributor, who demands the refund value in exchange for the 147 empty deposit beverage container. 148 (l) “Redemption center” or “permanent redemption center” 149 means a facility registered under this
section which operates at 150 a fixed location and which accepts empty deposit containers from 151 consumers or redeemers, provides the refund value for empty 152 deposit beverage containers intended to be recycled, and ensures 153 that such containers are properly recycled. 154 (m) “Reverse vending machine” means a mechanical device 155 that accepts one or more types of empty deposit beverage 156 containers and issues cash, electronic credit, or a redeemable 157 credit slip with a value not less than the containers’ refund 158 value. 159 (n) “Satellite drop-off site” means a designated site where 160 participating consumers bring empty containers for subsequent 161 processing at a redemption center. 162
(3) REFUND VALUES.—Beginning July 1, 2021, each deposit 163 beverage container sold or offered for sale in this state must 164 have one of the following refund values, as appropriate, when 165 empty: 166 (
a) Five cents for each deposit beverage container with a 167 volume of at least 6 fluid ounces but less than 25 fluid ounces. 168 (
b) Ten cents for each deposit beverage container with a 169 volume of at least 25 fluid ounces but not more than 1 gallon. 170
(4) DEPOSIT FEE.— 171 (
a) Beginning on July 1, 2021, each deposit beverage 172 distributor must charge a dealer or consumer in this state a 173 deposit fee equal to the refund value for each deposit beverage 174
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 7 of 15 CODING: Words stricken are deletions; words underlined are additions. container sold to the dealer or consumer. The charge for the 175 deposit fee may appear as a separate line item on the invoice. 176 (
b) Beginning on July 1, 2021, each dealer must charge a 177 consumer in this state, at the point of sale, a deposit fee 178 equal to the refund value for each deposit beverage container 179 sold to the consumer, except on beverages intended for on-180 premises consumption. The charge for the deposit fee may appear 181 as a separate line item on the invoice. 182 (
c) Each deposit beverage container sold or offered for 183 sale in this state must be clearly identified by a stamp, label, 184 or other mark securely affixed to or printed on the deposit 185 beverage container which bears the word “Florida” or the letters 186 “FL” and indicates the refund value of the deposit beverage 187 container. The beverage distributor must provide such stamp, 188 label, or other mark. 189 (
d) Inventory already in circulation on July 1, 2021, must 190 be affixed with an adhesive sticker that bears the word 191 “Florida” or the letters “FL” and indicates the refund value of 192 the deposit beverage container. The beverage distributor must 193 provide such a sticker. 194 (
e) Once a refund value has been affixed to or printed on a 195 deposit beverage container, the deposit fee on that container 196 may not be changed. 197
(5) REDEMPTION CENTERS.— 198 (
a) A person may not establish or operate a redemption 199 center without registering with the department, on a form the 200 department furnishes, and providing such information as the 201 department deems necessary for such registration. The operator 202 of the redemption center shall report any change in the 203
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 8 of 15 CODING: Words stricken are deletions; words underlined are additions. information provided to the department within 48 hours after the 204 change. At a minimum, the department must obtain all of the 205 following information from a redemption center registrant: 206 1. The name and business address of the business owner of 207 the redemption center. 208 2. The types of deposit beverage containers to be accepted 209 and whether deposit beverage containers will be accepted from 210 redeemers, dealers, or both. 211 3.
The hours of operation and whether the center will 212 operate a mobile redemption center or provide a satellite drop-213 off site. 214 (
b) A person establishing a redemption center has the right 215 to determine the kind, size, or brand of deposit beverage 216 container that will be accepted. A redemption center may be 217 established to serve all persons or to serve only specified 218 consumers, redeemers, and dealers. 219 (
c) Municipal and county governments, nonprofit agencies, 220 dealers, and individuals may register to operate a redemption 221 center. 222 (
d) The department may review the registration of a 223 redemption center at any time. 224 (
e) Except for redemption centers operated by a certified 225 recovered materials dealer, a redemption center shall do all of 226 the following: 227 1. Verify that all deposit beverage containers to be 228 redeemed bear a valid Florida refund value. 229 2. Pay to the redeemer the full refund value for all 230 deposit beverage containers as provided for in this section. 231 3. Ensure that all deposit beverage containers collected 232
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 9 of 15 CODING: Words stricken are deletions; words underlined are additions. are recycled through a contractual agreement with an out-of-233 state recycler or an in-state certified recovered materials 234 dealer. 235 (
f) A redemption center must be maintained in full 236 compliance with applicable laws and with the orders and rules of 237 the department. 238 (
g) A redemption center may not pay the refund value on any 239 broken, corroded, or flattened deposit beverage container or any 240 deposit beverage container that contains a free-flowing liquid, 241 does not properly indicate a refund value, or contains a 242 significant amount of foreign material. 243 (
h) For purposes of this section, a redemption center is 244 deemed to be sponsored by a dealer if there is an agreement 245 between the dealer and the redemption center operator requiring 246 the redemption center to remove empty deposit beverage 247 containers from the dealer’s premises. 248
(6) REVERSE VENDING MACHINES.— 249 (
a) A redemption center may use a reverse vending machine 250 if the machine accepts all of the same types of empty deposit 251 beverage containers and pays out appropriate refunds in cash, 252 electronic credit, or a redeemable voucher for those containers 253 that bear a valid Florida refund value. If more than one 254 container is redeemed in a single transaction, the refund value 255 for all redeemed containers must be aggregated before payment is 256 made. 257 (
b) A redemption center or dealer that uses reverse vending 258 machines must ensure that the machines are routinely serviced to 259 maintain proper operation, continuous acceptance of containers, 260 and payment of refunds. 261
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 10 of 15 CODING: Words stricken are deletions; words underlined are additions.
(7) REQUIREMENTS FOR DEALERS.— 262 (
a) A dealer may not refuse to accept from any person and 263 redeem at the dealer’s place of business any empty deposit 264 beverage container of the kind, size, or brand the dealer uses 265 to sell deposit beverages or refuse to pay to such person the 266 refund value of the deposit beverage container as established by 267 this section, unless: 268 1. The deposit beverage container is broken, corroded, or 269 flattened; contains a free-flowing liquid; does not properly 270 indicate a refund value; or contains a significant amount of 271 foreign material; or 272 2.
There is a redemption center located within 1 mile of 273 the dealer’s place of business which accepts empty deposit 274 beverage containers of the kind, size, or brand sold by the 275 dealer at the dealer’s place of business. This subparagraph does 276 not apply unless the dealer posts a clear and conspicuous sign 277 at each public entrance to its place of business which specifies 278 the name, address, and hours of operation of the closest 279 redemption center location. 280 (
b) If a dealer discontinues the sale of a deposit beverage 281 container of the kind, size, or brand previously sold at the 282 dealer’s place of business, the dealer may not refuse to accept 283 and redeem such containers for the 60-day period immediately 284 after the dealer’s last sale of that kind, size, or brand of 285 deposit beverage container. The dealer shall post at the point 286 of sale a notice of the last date on which the discontinued 287 kind, size, or brand of deposit beverage container may be 288 redeemed. Such notice must be so posted for the entire 60-day 289 period. 290
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 11 of 15 CODING: Words stricken are deletions; words underlined are additions. (
c) A dealer who accepts empty deposit beverage containers 291 shall do all of the following: 292 1. Verify that all empty deposit beverage containers to be 293 redeemed bear a valid Florida refund value. 294 2. Pay to the redeemer the full refund value for all empty 295 deposit beverage containers as provided in this section. 296 3. Ensure that each deposit beverage container collected is 297 recycled through a contractual agreement with an out-of-state 298 recycler or an in-state certified recovered materials dealer. 299
(8) REQUIREMENTS FOR DISTRIBUTORS.— 300 (
a) A distributor may not refuse to accept any empty 301 deposit beverage container of the kind, size, or brand sold by 302 the distributor or refuse to pay to a dealer or redemption 303 center operator the refund value of a deposit beverage container 304 established by this
section if: 305 1. The deposit beverage container is from a dealer or the 306 operator of a redemption center, if such dealer or operator is 307 located within the territory of the distributor; or 308 2. The deposit beverage container is from an operator of a 309 redemption center who certifies to the distributor that the 310 redeemed container was from a dealer located and operated 311 exclusively within the territory of the distributor. 312 (
b) A distributor may refuse to accept and redeem an empty 313 deposit beverage container that is broken, corroded, or 314 flattened; contains a free-flowing liquid; does not properly 315 indicate a refund value; or contains a significant amount of 316 foreign material. 317 (
c) A distributor shall remove any empty deposit beverage 318 containers from the premises of a dealer serviced by the 319
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 12 of 15 CODING: Words stricken are deletions; words underlined are additions. distributor or from the premises of a redemption center 320 sponsored by any dealer serviced by the distributor when such 321 premises are located within the territory of the distributor. 322 (
d) The distributor shall pay the refund value to a dealer 323 in accordance with a
schedule for payment agreed to by the 324 dealer and the distributor for full deposit beverage containers. 325 The distributor shall pay the refund value to an operator of a 326 redemption center not more than 20 days after receipt of the 327 empty deposit beverage container. 328 (
e) If a distributor discontinues the sale of a deposit 329 beverage container of the kind, size, or brand previously sold 330 at the dealer’s place of business, the distributor may not 331 refuse to accept and redeem such container during the 150-day 332 period immediately after the distributor’s last day of delivery 333 of that kind, size, or brand of deposit beverage container. Not 334 less than 120 days before the last date on which such container 335 may be redeemed, the distributor must notify the dealer who 336 bought the discontinued kind, size, or brand of deposit beverage 337 container that the distributor no longer redeems that empty 338 container. 339
(9) HANDLING FEE REIMBURSEMENT.—Upon a dealer or a 340 redemption center redeeming empty deposit beverage containers, 341 the distributor, in addition to the refund for such beverage 342 containers, must pay the dealer or redemption center a handling 343 fee in an amount equal to at least 20 percent of the deposit 344 returned to the consumer. 345
(10) REQUIRED INFORMATION AND RECORDS.— 346 (
a) Beginning August 1, 2021 and every 4 months thereafter, 347 all dealers, distributors, redemption centers, and recycling 348
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 13 of 15 CODING: Words stricken are deletions; words underlined are additions. facilities that accept empty deposit beverage containers shall 349 submit the following information to the department: 350 1. The amount and type of deposit beverage containers 351 accepted and rejected; 352 2. The amount of refunds paid out; 353 3. The amount and weight of each type of deposit beverage 354 container transported to each out-of-state recycler and in-state 355 certified recovered materials dealer; and 356 4.
Copies of transport and weight receipts from recycling 357 facilities. If the redemption center and the recycling facility 358 are the same entity, receipts must be independently verified. 359 Such documentation may be used for periodic, random department 360 audits of redemption centers. 361 (
b) The records of all such dealers, distributors, 362 redemption centers, and recycling facilities must be made 363 available, upon request, for inspection by the department, a 364 duly authorized agent of the department, or an auditor employed 365 by the state. 366 (
c) Pursuant to s. 815.04, information that, if disclosed, 367 would reveal a trade secret as defined in s. 812.081, and that 368 must be reported in accordance with this
section or rules 369 adopted pursuant to this section, is confidential and exempt 370 from s. 119.07(1) and s. 24(a), Art. I of the State 371 Constitution. However, for reporting or other informational 372 purposes, the department may provide potential trade secret 373 information in such a form that the names of the persons 374 reporting the information and the specific trade secret 375 information are not revealed. 376
(11) RULES.—The department shall adopt rules pursuant to 377
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 14 of 15 CODING: Words stricken are deletions; words underlined are additions.
chapter 120 to implement this section. Such rules must include, 378 but need not be limited to, provisions for the redemption of 379 empty deposit beverage containers dispensed through vending 380 machines; the use of reverse vending machines that dispense 381 cash, electronic credit, or a redeemable voucher to consumers 382 for redemption of empty deposit beverage containers; the 383 scheduling of redemption by dealers and distributors; and 384 exemptions or modifications to the labeling requirements of this 385 section. 386
(12) OBLIGATION; VIOLATION OF SECTION; PENALTY; REQUIRED 387 SIGNAGE.— 388 (
a) The obligation of a distributor or dealer to accept or 389 take empty deposit beverage containers and to pay the refund 390 value and handling fees for such containers applies only to 391 deposit beverage containers originally sold in this state as 392 filled deposit beverage containers. 393 (
b) A person may not, during a single transaction, tender 394 to a dealer, distributor, or redemption center more than 24 395 empty deposit beverage containers that the person knows, or has 396 reason to know, were not originally sold in this state as filled 397 deposit beverage containers. A person who violates this 398 paragraph commits a noncriminal infraction, punishable by a 399 civil penalty of $100, which must be deposited in the 400 Administrative Trust Fund of the department and used to 401 administer this section. 402 (
c) At each location where customers tender empty deposit 403 beverage containers for redemption, dealers and redemption 404 centers must conspicuously display a sign with letters that are 405 at least 1 inch in height advising consumers of the prohibition 406
Florida Senate - 2020 SB 50 29-00024A-20 202050__ Page 15 of 15 CODING: Words stricken are deletions; words underlined are additions. and penalty imposed in paragraph (b). 407
(13) PREEMPTION.—A county or municipality may not impose or 408 collect any assessment or fee on deposit beverage containers for 409 the same or a similar purpose as that of this section. 410