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
HB 905 2024
1 A bill to be entitled
2 An act relating to beverage container deposits;
3 creating s. 403.778, F.S.; providing a short title;
4 defining terms; establishing a refund value for
5 specified beverage containers; requiring dealers and
6 consumers in this state to pay a deposit fee for
7 specified beverage containers; requiring that certain
8 information be affixed to or printed on deposit
9 beverage containers; prohibiting the establishment or
10 operation of a redemption center unless it is
11 registered with the Department of Environmental
12 Protection; providing minimum standards for
13 registration; requiring that information provided to
14 the department in the registration process be kept
15 current; providing that persons establishing a
16 redemption center have a certain right; providing
17 requirements for redemption centers; prohibiting
18 redemption centers from paying the refund value for
19 certain containers; authorizing the use of reverse
20 vending machines under certain circumstances;
21 specifying requirements and procedures for certain
22 deposit beverage dealers and distributors; requiri ng
23 distributors to pay a handling fee of at least a
24 specified amount to dealers and redemption centers;
25 requiring certain dealers, distributors, redemption
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26 centers, and recycling facilities to submit specified
27 information to the department and to make records
28 available to the department upon request; authorizing
29 the department or other specified entities to conduct
30 certain audits; clarifying that certain trade secret
31 information is confidential but authorizing the
32 release of that information in a manner that would not
33 reveal the trade secret; requiring the department to
34 adopt rules; providing that distributors and dealers
35 are not obligated to accept or take and pay the refund
36 value for containers not originally sold in this
37 state; prohibiting certain transactions involving such
38 empty deposit beverage containers and requiring a
39 specified notice to customers; providing a civil
40 penalty for violations; providing for disposition of
41 the penalty; requiring such penalties to be publicly
42 noticed; prohibiting local governments from imposing
43 fees for the same or a similar purpose; providing an
44 effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 403.778, Florida Statutes, is created
49 to read:
50 403.778 Beverage container deposits.—
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51 (1) SHORT TITLE.—This section may be cited as the "Florida
52 Beverage Container Deposit Act."
53 (2) DEFINITIONS.—As used in this section, the term:
54 (a) "Certified recovered materials dealer" has the same
55 meaning as in s. 403.7046(2)(f)3.
56 (b) "Consumer" means a person who buys a deposit beverage
57 in a deposit beverage container for use or consumption and pays
58 the deposit.
59 (c) "Dealer" means a person who engages in the sale of
60 deposit beverages in deposit beverage containers in this state
61 to a consumer for off-premises consumption.
62 (d) "Deposit beverage" means beer, ale, or another drink
63 produced by fermenting malt; mixed spirits, mixed wine, wine,
64 distilled spirits, and wine coolers; tea and coffee drinks,
65 regardless of any dairy-derived product content; soda;
66 carbonated and noncarbonated water; and all nonalcoholic drinks
67 in liquid form which are intended for internal human consumption
68 and are contained in a deposit beverage container. The term does
69 not include:
70 1. A liquid that is a syrup in a concentrated form or that
71 is typically added as an incidental flavoring ingredient in food
72 or drink, such as extracts, cooking additives, sauces, or
73 condiments.
74 2. A liquid that is a drug, medical food, or infant
75 formula as defined by the Federal Food, Drug, and Cosmetic Act,
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76 21 U.S.C. ss. 301 et seq.
77 3. A liquid that is designed and consumed only as a
78 dietary supplement as defined in the Dietary Supplement Health
79 and Education Act of 1994, Pub. L. No. 103-417, and not as a
80 beverage.
81 4. Products that are frozen at the time of sale to the
82 consumer or, in the case of institutional users such as
83 hospitals and nursing homes, at the time of sale to such users.
84 5. Products designed to be consumed in a frozen state.
85 6. Instant drink powders.
86 7. Seafood, meat, or vegetable broths or soups, but not
87 juices made or derived from these products.
88 8. Milk and all other dairy-derived products, except tea
89 and coffee drinks containing such products.
90 (e) "Deposit beverage container" means a sealed,
91 individual container made of glass, aluminum, steel, bimetal, or
92 plastic, including polyethylene terephthalate, high -density
93 polyethylene, and all other plastic types and grades, in sizes
94 with a volume of at least 6 fluid ounces but not more than 1
95 gallon, and used, at the time of sale to the consumer, for
96 containing a deposit beverage intended for use or consumption in
97 this state.
98 (f) "Distributor" means a person who is a manufacturer of
99 deposit beverages in deposit beverage containers in this state
100 or who buys, brings, or accepts delivery of deposit beverage
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101 containers from an address, supplier, or any entity outside this
102 state and who engages in the sale of filled deposit beverage
103 containers to a dealer or consumer. The term includes federal
104 agencies and military distributors, but does not include
105 airlines and shipping companies that merely transport deposit
106 beverage containers.
107 (g) "Mobile redemption center" means a redemption center
108 that offers container redemption services to residences,
109 businesses, or both on their respective sites, either on a one-
110 time or regular basis, regardless of whether the services are
111 offered in association with a dealer or permanent redemption
112 center.
113 (h) "On-premises consumption" means the immediate
114 consumption of deposit beverages within the area under the
115 control of the airplane, bar, restaurant, cafe, passenger ship,
116 or other establishment where they are sold.
117 (i) "Person" means a federal agency; the state or a
118 political subdivision of the state; an individual, partnershi p,
119 firm, association, public or private corporation, trust, or
120 estate; or any other legal entity.
121 (j) "Recycling facility" means all contiguous land,
122 structures, appurtenances, and improvements on land that is:
123 1. Used for the collection, separation, recovery, and sale
124 or reuse of secondary resources that would otherwise be disposed
125 of as municipal solid waste; and
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126 2. An integral part of a manufacturing process aimed at
127 producing a marketable product made of post-consumer material.
128 (k) "Redeemer" means a person, other than a dealer or
129 distributor, who demands the refund value in exchange for the
130 empty deposit beverage container.
131 (l) "Redemption center" or "permanent redemption center"
132 means a facility registered under subsection (5) which operates
133 at a fixed location and which accepts empty deposit containers
134 from consumers or redeemers, provides the refund value for empty
135 deposit beverage containers intended to be recycled, and ensures
136 that such containers are properly recycled.
137 (m) "Reverse vending machine" means a mechanical device
138 that accepts one or more types of empty deposit beverage
139 containers and issues cash, electronic credit, or a redeemable
140 credit slip with a value not less than the containers' refund
141 value.
142 (n) "Satellite drop-off site" means a designated site
143 where participating consumers bring empty containers for
144 subsequent processing at a centralized processing facility.
145 (3) REFUND VALUES.—Beginning July 1, 2024, each deposit
146 beverage container sold or offered for sale in this state must
147 have one of the following refund values, as appropriate, when
148 empty:
149 (a) Ten cents for each deposit beverage container with a
150 volume of at least 6 fluid ounces but less than 25 fluid ounces.
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151 (b) Fifteen cents for each deposit beverage conta iner with
152 a volume of at least 25 fluid ounces but not more than 1 gallon.
153 (4) DEPOSIT FEE.—
154 (a) Beginning on July 1, 2024, each deposit beverage
155 distributor must charge a dealer or consumer in this state a
156 deposit fee equal to the refund value for each deposit beverage
157 container sold to the dealer or consumer. The charge for the
158 deposit fee may appear as a separate line item on the invoice.
159 (b) Beginning on July 1, 2024, each dealer must charge a
160 consumer in this state, at the point of sale, a deposit fee
161 equal to the refund value for each deposit beverage container
162 sold to the consumer, except on beverages intended for on-
163 premises consumption. The charge for the deposit fee may appear
164 as a separate line item on the invoice.
165 (c) Each deposit beverage container sold or offered for
166 sale in this state must be clearly identified by a stamp, label,
167 or other mark securely affixed to or printed on the deposit
168 beverage container which bears the word "Florida" or the letters
169 "FL" and indicates the refund value of the deposit beverage
170 container. Such stamp, label, or other mark must be provided by
171 the beverage distributor.
172 (d) Inventory already in circulation on July 1, 2024, must
173 be affixed with an adhesive sticker that bears the word
174 "Florida" or the letters "FL" and indicates the refund value of
175 the deposit beverage container. Such sticker must be provided by
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176 the beverage distributor.
177 (e) Once a refund value has been affixed to or printed on
178 a deposit beverage container, the deposit fee on that container
179 may not be changed.
180 (5) REDEMPTION CENTERS.—
181 (a) A person may not establish or operate a redemption
182 center without registering with the department, on a form
183 provided by the department, and providing such information as
184 the department deems necessary for such registration. The
185 operator of the redemption center shall report any change in the
186 information provided to the department within 48 hours after the
187 change. At a minimum, the department must obtain the following
188 information from a redemption center registrant:
189 1. The name and business address of the business owner of
190 the redemption center.
191 2. The types of deposit beverage containers to be accepted
192 and whether deposit beverage containers will be accepted from
193 redeemers, dealers, or both.
194 3. The hours of operation and whether the center will
195 operate a mobile redemption center or provide a satellite drop-
196 off site.
197 (b) A person establishing a redemption center has the
198 right to determine the kind, size, or brand of deposit beverage
199 container that will be accepted. A redemption center may be
200 established to serve all persons or to serve only specified
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201 consumers, redeemers, and dealers.
202 (c) Municipal and county governments, nonprofit agencies,
203 dealers, and individuals may register to operate a redemption
204 center.
205 (d) The department may review the registration of a
206 redemption center at any time.
207 (e) Except for redemption centers operated by a certified
208 recovered materials dealer, a redemption center shall:
209 1. Verify that all deposit beverage containers to be
210 redeemed bear a valid Florida refund value.
211 2. Pay to the redeemer the full refund value for all
212 deposit beverage containers as provided for in this section.
213 3. Ensure that all deposit beverage containers collected
214 are recycled through a contractual agreement with an out-of-
215 state recycler or an in-state certified recovered materials
216