Florida SB 1196: Harm to Minors

Bill Text

1196 
Waste Facilities 
2026-02-04T07:49:05Z 
Prohibiting a local government or the Department of Environmental Protection, respectively, from issuing a construction permit for certain solid waste disposal and waste-to-energy facilities under certain circumstances, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 Florida Senate - 2026 CS for SB 1196 

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

 592-02471-26 20261196c1 
 1 A bill to be entitled 
 2 An act relating to waste facilities; amending ss. 
 3 403.706 and 403.707, F.S.; prohibiting a local 
 4 government or the Department of Environmental 
 5 Protection, respectively, from issuing a construction 
 6 permit for certain solid waste disposal and waste-to 
 7 energy facilities under certain circumstances; 
 8 providing applicability; amending ss. 403.703, 
 9 403.7049, and 403.705, F.S.; conforming cross 
 10 references; providing an effective date. 
 11 
 12 Be It Enacted by the Legislature of the State of Florida: 
 13 
 14 Section 1. Present subsections (2) through (23) of section 
 15 403.706, Florida Statutes, are redesignated as subsections (3) 
 16 through (24), respectively, a new subsection (2) is added to 
 17 that section, and present subsections (4), (6), (7), and (20) 
 18 are amended, to read: 
 19 403.706 Local government solid waste responsibilities.— 
 20 (2)(a) A local government may not issue a construction 
 21 permit pursuant to s. 403.707 for a new solid waste disposal 
 22 facility that uses an ash-producing incinerator or for a waste 
 23 to-energy facility if the proposed location of such facility is 
 24 sited within a 2-mile radius, as measured from the stack, of any 
 25 impoundment area authorized by Congress with an effective 
 26 interior storage of at least 100 acres for purposes of 
 27 capturing, storing, and distributing surface water; improving 
 28 hydroperiods and hydropatterns in any water conservation area; 
 29 increasing the spatial extent of wetlands; benefiting any 
 30 federally listed threatened and endangered species; flood 
 31 mitigation; or groundwater recharge. 
 32 (b) Paragraph (a) does not apply to the following: 
 33 1. Any canal. 
 34 2. Any existing construction, current operation, or 
 35 modification to such structure or operation in existence as of 
 36 July 1, 2026. 
 37 3. Any parcel located in a county with a population of less 
 38 than 1.7 million according to the most recent decennial census. 
 39 (5)(4)(a) In order to promote the production of renewable 
 40 energy from solid waste, each megawatt-hour produced by a 
 41 renewable energy facility using solid waste as a fuel shall 
 42 count as 1 ton of recycled material and shall be applied toward 
 43 meeting the recycling goals set forth in this section. If a 
 44 county creating renewable energy from solid waste implements and 
 45 maintains a program to recycle at least 50 percent of municipal 
 46 solid waste by a means other than creating renewable energy, 
 47 that county shall count 1.25 tons of recycled material for each 
 48 megawatt-hour produced. If waste originates from a county other 
 49 than the county in which the renewable energy facility resides, 
 50 the originating county shall receive such recycling credit. Any 
 51 byproduct resulting from the creation of renewable energy that 
 52 is recycled shall count towards the county recycling goals in 
 53 accordance with the methods and criteria developed pursuant to 
 54 paragraph (3)(h) (2)(h). 
 55 (b) A county may receive credit for one-half of the 
 56 recycling goal set forth in subsection (3) (2) from the use of 
 57 yard trash, or other clean wood waste or paper waste, in 
 58 innovative programs including, but not limited to, programs that 
 59 produce alternative clean-burning fuels such as ethanol or that 
 60 provide for the conversion of yard trash or other clean wood 
 61 waste or paper waste to clean-burning fuel for the production of 
 62 energy for use at facilities other than a waste-to-energy 
 63 facility as defined in s. 403.7061. The provisions of this 
 64 paragraph apply only if a county can demonstrate that: 
 65 1. The county has implemented a yard trash mulching or 
 66 composting program, and 
 67 2. As part of the program, compost and mulch made from yard 
 68 trash is available to the general public and in use at county 
 69 owned or maintained and municipally owned or maintained 
 70 facilities in the county and state agencies operating in the 
 71 county as required by this section. 
 72 (c) A county with a population of 100,000 or less may 
 73 provide its residents with the opportunity to recycle in lieu of 
 74 achieving the goal set forth in this section. For the purposes 
 75 of this section, the “opportunity to recycle” means that the 
 76 county: 
 77 1.a. Provides a system for separating and collecting 
 78 recyclable materials prior to disposal that is located at