State Specific Policy Resources: Florida

Auxiliary Containers

• Fla. Stat. Title XXIX, Ch. 403, Part IV, § 403.7033 Departmental analysis of particular recyclable materials (ISRI note: tasked the DEP with reporting to the Legislature by 02/01/10 on auxiliary containers, preempts local or state regulatory action until Legislature acts)

Materials Theft

• Metal Scrap Law (as amended by 2023 Florida SB 306, effective July 1, 2023)
• Fla. Stat. Title XLVI, Ch. 860; § 860.147 Import, sale, or installation of counterfeit, fake, or nonfunctional catalytic converters.
• Fla. Stat. Title XXXIII, Ch. 538, Part II Secondary Metals Recyclers; § 538.18 to § 538.28
• Fla. Stat. Title XLVI, Ch, 812; § 812.145 Theft of copper or other nonferrous metals
• Fla. Stat. Title XLVI, Ch. 812; § 812.146 Civil liability of owner of metal property
• Fla. Stat. Title XLVI, Ch. 860; § 860.142 Catalytic Converter Antitheft Act
• ISRI Summary of Florida Metal Scrap Statute (August 30, 2023)

Scrap Yard / Junk Yard Zoning

• Fla. Stat. Title XXVI Public Transportation
• Ch. 339, § 339.241 Florida Junkyard Control Law.
• Ch. 348, Part 1: Greater Miami Expressway Agency, § 348.0311 Acquisition of lands and property (as created by 2019 Florida HB 385, effective July 1, 2019) (ISRI note: includes acquisition for the purposes of screening, relocation, removal, or disposal of junkyards and scrap metal processing facilities)
• Fla. Stat. Title XLVI, Ch. 812; § 812.055 Physical inspection of junkyards, scrap metal processing plants, salvage yards, licensed motor vehicle or vessel dealers, repair shops, parking lots, public garages, towing and storage facilities.

State / Municipal Programs

• Fla. State. Title XXIX, Ch. 403 Environmental Control
• Part I, § 403.413 Florida Litter Law
• Part IV Resource Recovery and Management.

State Superfund (SREA equivalent)

• Fla. Stat. Title XXVIII, Ch. 376 Pollutant Discharge Prevention and Removal; § 376.30 to § 376.317
• Fla. Stat. Title XXIX, Ch. 403, Part 1, § 403.141 Civil liability; joint and several liability
• Fla. Stat. Title XXIX, Ch. 403, Part IV, § 403.727 Violations; defenses, penalties, and remedies; subsec. (4) to (8)
• Fla. Stat. § 403.727(8) exempts from liability under § 376.308 and this section "a person who sells, transfers, or arranges for the transfer of recycled and recovered materials [as defined] to a facility owned or operated by another person for the purpose of reclamation, recycling, manufacturing, or reuse of such materials"

Tire / Rubber

• Fla. Stat. Title XIV, Ch. 213 State Revenue Laws: General Provisions.
• § 213.05 Department of Revenue; control and administration of revenue laws.
• § 213.053 Confidentiality and information sharing.
• Fla. Stat. Title XXVI, Ch. 336, § 336.044 Use of recyclable materials in construction. (ISRI note: allows rubberized asphalt demonstration projects)
• Fla. Stat. Title XXVIII, Ch. 373, Part VIII, § 373.807 Protection of water quality in Outstanding Florida Springs (ISRI note: includes requirement to identify urban and sports turf fertilizers)
• Fla. State. Title XXIX, Ch. 403 Environmental Control
• Part I, § 403.413 Florida Litter Law. (ISRI note: "litter" includes tires)
• Part IV Resource Recovery and Management.
• § 403.703 Definitions. (ISRI note: "special wastes" includes tires)
• § 403.7061 Requirements for review of new waste-to-energy facility capability by the Department of Environmental Protection.
• § 403.709 Solid Waste Management Trust Fund; use of waste tire fees.
• § 403.7095 Solid waste management grant program.
• § 403.717 Waste tire and lead-acid battery requirements.
• § 403.718 Waste tire fees.
• § 403.727 Violations; defenses, penalties, and remedies.

Vehicle Detitling / Dismantling

• Fla. Stat. Title XXIII, Ch. 319 Tile Certificates
• § 319.29 Lost or Destroyed Certificates
• § 319.30 Definitions; dismantling, destruction, change of identity of motor vehicle or mobile home; salvage. (as amended by 2019 Florida HB 1057, effective Oct 1, 2019)
• § 319.41 Title history database
• Fla. Stat. Title XXII, Ch. 320. Motor Vehicle Licenses
• § 320.03 Registration; duties of tax collectors; International Registration Plan (as amended by 2019 Florida HB 1057, effective Oct 1, 2019) (ISRI note: sets requirements for entities to act as authorized electronic filing system agents)
• § 320.27 Motor Vehicle Dealers
• Fla. Stat. Title XLVI, Ch. 812; § 812.055 Physical inspection of junkyards, scrap metal processing plants, salvage yards, licensed motor vehicle or vessel dealers, repair shops, parking lots, public garages, towing and storage facilities.