Florida HB 1089: Trusts

Bill Text

CS/HB 1089 2026

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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

A bill to be entitled 1
An act relating to waste facilities; amending ss. 2
403.706 and 403.707, F.S.; prohibiting a local 3
government and the Department of Environmental 4
Protection from issuing a construction permit for 5
certain solid waste disposal and waste-to-energy 6
facilities under certain circumstances; amending ss. 7
403.703, 403.7049, and 403.705, F.S.; conforming 8
cross-references; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Subsections (2) through (23) of section 13
403.706, Florida Statutes, are renumbered as subsections (3) 14
through (24), respectively, present subsections (4), (6), (7), 15
and (20) are amended, and a new subsection (2) is added to that 16
section, to read: 17
403.706 Local government solid waste responsibilities.— 18
(2)(a) A local government may not issue a construction 19
permit pursuant to s. 403.707 for a new solid waste disposal 20
facility that uses an ash-producing incinerator or for a waste-21
to-energy facility if the proposed location of such facility is 22
sited within 1 mile of any impoundment area authorized by 23
Congress with an effective interior storage of at least 100 24
acres for purposes of capturing, storing, and distributing 25

CS/HB 1089 2026

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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

surface water, improving hydroperiods and hydropatterns in any 26
water conservation area, increasing spatial extent of wetlands, 27
benefiting any federally listed threatened and endangered 28
species, flood mitigation, or groundwater recharge. 29
(b) Paragraph (a) does not apply to: 30
1. Any canal. 31
2. Any existing construction, current operation, or 32
modification to such structure or operation in existence as of 33
July 1, 2026. 34
3. Any parcel located in a county with a population of 35
less than 1.7 million according to the United States 2020 36
decennial census. 37
(5)(4)(a) In order to promote the production of renewable 38
energy from solid waste, each megawatt-hour produced by a 39
renewable energy facility using solid waste as a fuel shall 40
count as 1 ton of recycled material and shall be applied toward 41
meeting the recycling goals set forth in this section. If a 42
county creating renewable energy from solid waste implements and 43
maintains a program to recycle at least 50 percent of municipal 44
solid waste by a means other than creating renewable energy, 45
that county shall count 1.25 tons of recycled material for each 46
megawatt-hour produced. If waste originates from a county other 47
than the county in which the renewable energy facility resides, 48
the originating county shall receive such recycling credit. Any 49
byproduct resulting from the creation of renewable energy that 50

CS/HB 1089 2026

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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

is recycled shall count towards the county recycling goals in 51
accordance with the methods and criteria developed pursuant to 52
paragraph (3)(h) (2)(h). 53
(b) A county may receive credit for one-half of the 54
recycling goal set forth in subsection (3) (2) from the use of 55
yard trash, or other clean wood waste or paper waste, in 56
innovative programs including, but not limited to, programs that 57
produce alternative clean-burning fuels such as ethanol or that 58
provide for the conversion of yard trash or other clean wood 59
waste or paper waste to clean-burning fuel for the production of 60
energy for use at facilities other than a waste-to-energy 61
facility as defined in s. 403.7061. The provisions of this 62
paragraph apply only if a county can demonstrate that: 63
1. The county has implemented a yard trash mulching or 64
composting program, and 65
2. As part of the program, compost and mulch made from 66
yard trash is available to the general public and in use at 67
county-owned or maintained and municipally owned or maintained 68
facilities in the county and state agencies operating in the 69
county as required by this section. 70
(c) A county with a population of 100,000 or less may 71
provide its residents with the opportunity to recycle in lieu of 72
achieving the goal set forth in this section. For the purposes 73
of this section, the "opportunity to recycle" means that the 74
county: 75

CS/HB 1089 2026

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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

1.a. Provides a system for separating and collecting 76
recyclable materials prior to disposal that is located at a 77
solid waste management facility or solid waste disposal area;