Fla. Stat. 403.717
Waste tire and lead-acid battery requirements


(1)

For purposes of this section and ss. 403.718 and 403.7185:“Department” means the Department of Environmental Protection.“Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated in this state, used to transport persons or property and propelled by power other than muscular power. The term does not include traction engines, road rollers, vehicles that run only upon a track, bicycles, electric bicycles, mopeds, or farm tractors and trailers.“Tire” means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.“Waste tire” means a tire that has been removed from a motor vehicle and has not been retreaded or regrooved. The term includes, but is not limited to, used tires and processed tires. The term does not include solid rubber tires and tires that are inseparable from the rim.“Waste tire collection center” means a site where waste tires are collected from the public prior to being offered for recycling and where fewer than 1,500 tires are kept on the site on any given day.“Waste tire processing facility” means a site where equipment is used to treat waste tires mechanically, chemically, or thermally so that the resulting material is a marketable product or is suitable for proper disposal. The term includes mobile waste tire processing equipment.“Waste tire site” means a site at which 1,500 or more waste tires are accumulated.“Lead-acid battery” means a lead-acid battery designed for use in motor vehicles, vessels, and aircraft, and includes such batteries when sold new as a component part of a motor vehicle, vessel, or aircraft, but not when sold to recycle components.“Indoor” means within a structure that excludes rain and public access and would control air flows in the event of a fire.“Processed tire” means a tire that has been treated mechanically, chemically, or thermally so that the resulting material is a marketable product or is suitable for proper disposal.“Used tire” means a waste tire which has a minimum tread depth of 3/32 inch or greater and is suitable for use on a motor vehicle.

(a)

“Department” means the Department of Environmental Protection.

(b)

“Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated in this state, used to transport persons or property and propelled by power other than muscular power. The term does not include traction engines, road rollers, vehicles that run only upon a track, bicycles, electric bicycles, mopeds, or farm tractors and trailers.

(c)

“Tire” means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.

(d)

“Waste tire” means a tire that has been removed from a motor vehicle and has not been retreaded or regrooved. The term includes, but is not limited to, used tires and processed tires. The term does not include solid rubber tires and tires that are inseparable from the rim.

(e)

“Waste tire collection center” means a site where waste tires are collected from the public prior to being offered for recycling and where fewer than 1,500 tires are kept on the site on any given day.

(f)

“Waste tire processing facility” means a site where equipment is used to treat waste tires mechanically, chemically, or thermally so that the resulting material is a marketable product or is suitable for proper disposal. The term includes mobile waste tire processing equipment.

(g)

“Waste tire site” means a site at which 1,500 or more waste tires are accumulated.

(h)

“Lead-acid battery” means a lead-acid battery designed for use in motor vehicles, vessels, and aircraft, and includes such batteries when sold new as a component part of a motor vehicle, vessel, or aircraft, but not when sold to recycle components.

(i)

“Indoor” means within a structure that excludes rain and public access and would control air flows in the event of a fire.

(j)

“Processed tire” means a tire that has been treated mechanically, chemically, or thermally so that the resulting material is a marketable product or is suitable for proper disposal.

(k)

“Used tire” means a waste tire which has a minimum tread depth of 3/32 inch or greater and is suitable for use on a motor vehicle.

(2)

The owner or operator of any waste tire site shall provide the department with information concerning the site’s location, size, and the approximate number of waste tires that are accumulated at the site and shall initiate steps to comply with subsection (3).

(3)(a)

A person may not maintain a waste tire site unless such site is:
An integral part of the person’s permitted waste tire processing facility; or
Used for the storage of waste tires prior to processing and is located at a permitted solid waste management facility.
It is unlawful for any person to dispose of waste tires or processed tires in the state except at a permitted solid waste management facility. Collection or storage of waste tires at a permitted waste tire processing facility or waste tire collection center prior to processing or use does not constitute disposal, provided that the collection and storage complies with rules established by the department.Whole waste tires may not be deposited in a landfill as a method of ultimate disposal.A person may not contract with a waste tire collector for the transportation, disposal, or processing of waste tires unless the collector is registered with the department or exempt from requirements provided under this section. Any person who contracts with a waste tire collector for the transportation of more than 25 waste tires per month from a single business location must maintain records for that location and make them available for review by the department or by law enforcement officers, which records must contain the date when the tires were transported, the quantity of tires, the registration number of the collector, and the name of the driver.

(3)(a)

A person may not maintain a waste tire site unless such site is:An integral part of the person’s permitted waste tire processing facility; orUsed for the storage of waste tires prior to processing and is located at a permitted solid waste management facility.
1. An integral part of the person’s permitted waste tire processing facility; or
2. Used for the storage of waste tires prior to processing and is located at a permitted solid waste management facility.

(b)

It is unlawful for any person to dispose of waste tires or processed tires in the state except at a permitted solid waste management facility. Collection or storage of waste tires at a permitted waste tire processing facility or waste tire collection center prior to processing or use does not constitute disposal, provided that the collection and storage complies with rules established by the department.

(c)

Whole waste tires may not be deposited in a landfill as a method of ultimate disposal.

(d)

A person may not contract with a waste tire collector for the transportation, disposal, or processing of waste tires unless the collector is registered with the department or exempt from requirements provided under this section. Any person who contracts with a waste tire collector for the transportation of more than 25 waste tires per month from a single business location must maintain records for that location and make them available for review by the department or by law enforcement officers, which records must contain the date when the tires were transported, the quantity of tires, the registration number of the collector, and the name of the driver.

(4)

The department shall adopt rules to administer this section and s. 403.718. Such rules:Must provide for the administration or revocation of waste tire processing facility permits, including mobile processor permits;Must provide for the administration or revocation of waste tire collector registrations, the fee for which may not exceed $50 per vehicle registered annually;Must provide for the administration or revocation of waste tire collection center permits, the fee for which may not exceed $250 annually;Must set standards, including financial assurance standards, for waste tire processing facilities and associated waste tire sites, waste tire collection centers, waste tire collectors, and for the storage of waste tires and processed tires, including storage indoors;May exempt not-for-hire waste tire collectors and processing facilities from financial assurance requirements;Must authorize the final disposal of waste tires at a permitted solid waste disposal facility provided the tires have been cut into sufficiently small parts to assure their proper disposal; andMust allow waste tire material that has been cut into sufficiently small parts to be used as daily cover material for a landfill.

(a)

Must provide for the administration or revocation of waste tire processing facility permits, including mobile processor permits;

(b)

Must provide for the administration or revocation of waste tire collector registrations, the fee for which may not exceed $50 per vehicle registered annually;

(c)

Must provide for the administration or revocation of waste tire collection center permits, the fee for which may not exceed $250 annually;

(d)

Must set standards, including financial assurance standards, for waste tire processing facilities and associated waste tire sites, waste tire collection centers, waste tire collectors, and for the storage of waste tires and processed tires, including storage indoors;

(e)

May exempt not-for-hire waste tire collectors and processing facilities from financial assurance requirements;

(f)

Must authorize the final disposal of waste tires at a permitted solid waste disposal facility provided the tires have been cut into sufficiently small parts to assure their proper disposal; and

(g)

Must allow waste tire material that has been cut into sufficiently small parts to be used as daily cover material for a landfill.

(5)(a)

The department shall encourage the voluntary establishment of waste tire collection centers at retail tire-selling businesses, waste tire processing facilities, and solid waste disposal facilities, to be open to the public for the deposit of waste tires.The department may establish an incentives program to encourage individuals to return their waste tires to a waste tire collection center. The incentives may involve the use of discount or prize coupons, prize drawings, promotional giveaways, or other activities the department determines will promote collection, reuse, volume reduction, and proper disposal of waste tires.The department may contract with a promotion company to administer the incentives program.

(5)(a)

The department shall encourage the voluntary establishment of waste tire collection centers at retail tire-selling businesses, waste tire processing facilities, and solid waste disposal facilities, to be open to the public for the deposit of waste tires.

(b)

The department may establish an incentives program to encourage individuals to return their waste tires to a waste tire collection center. The incentives may involve the use of discount or prize coupons, prize drawings, promotional giveaways, or other activities the department determines will promote collection, reuse, volume reduction, and proper disposal of waste tires.

(c)

The department may contract with a promotion company to administer the incentives program.

Source: Section 403.717 — Waste tire and lead-acid battery requirements, https://www.­flsenate.­gov/Laws/Statutes/2024/0403.­717 (accessed Aug. 7, 2025).

403.72
Identification, listing, and notification
403.74
Management of hazardous materials by governmental agencies
403.75
Definitions relating to used oil
403.702
Legislative findings
403.703
Definitions
403.704
Powers and duties of the department
403.705
State solid waste management program
403.706
Local government solid waste responsibilities
403.707
Permits
403.708
Prohibition
403.709
Solid Waste Management Trust Fund
403.712
Revenue bonds
403.713
Ownership and control of solid waste and recovered materials
403.714
Duties of state agencies
403.715
Certification of resource recovery or recycling equipment
403.716
Training of operators of solid waste management and other facilities
403.717
Waste tire and lead-acid battery requirements
403.718
Waste tire fees
403.721
Standards, requirements, and procedures for generators and transporters of hazardous waste and owners and operators of hazardous waste facilities
403.722
Permits
403.723
Siting of hazardous waste facilities
403.724
Financial responsibility
403.726
Abatement of imminent hazard caused by hazardous substance
403.727
Violations
403.728
Qualifications of operation personnel of hazardous waste facilities
403.751
Prohibited actions
403.753
Public educational program about collection and recycling of used oil
403.754
Registration of persons transporting, processing, burning, or marketing used oil
403.757
Coordination with other state agencies
403.758
Enforcement and penalty
403.759
Disposition of fees, fines, and penalties
403.760
Public used oil collection centers
403.761
Incentives program
403.763
Grants to local governments
403.767
Certification of used oil transporters
403.769
Permits for used oil processing and rerefining facilities
403.7031
Limitations on definitions adopted by local ordinance
403.7032
Recycling
403.7033
Departmental analysis of particular recyclable materials
403.7043
Compost standards and applications
403.7045
Application of act and integration with other acts
403.7046
Regulation of recovered materials
403.7047
Regulation of fossil fuel combustion products
403.7049
Determination of full cost for solid waste management
403.7055
Methane capture
403.7061
Requirements for review of new waste-to-energy facility capacity by the Department of Environmental Protection
403.7063
Use of private services in solid waste management
403.7065
Procurement of products or materials with recycled content
403.7071
Management of storm-generated debris
403.7072
Citation of rule
403.7095
Solid waste management grant program
403.7125
Financial assurance
403.7145
Recycling
403.7185
Lead-acid battery fees
403.7186
Environmentally sound management of mercury-containing devices and lamps
403.7191
Toxics in packaging
403.7192
Batteries
403.7193
Environmental representations
403.7211
Hazardous waste facilities managing hazardous wastes generated offsite
403.7215
Tax on gross receipts of commercial hazardous waste facilities
403.7222
Prohibition of hazardous waste landfills
403.7223
Waste elimination and reduction assistance program
403.7225
Local hazardous waste management assessments
403.7226
Technical assistance by the department
403.7234
Small quantity generator notification and verification program
403.7236
Local government information to be sent to the department
403.7238
Expanded local hazardous waste management programs
403.7255
Placement of signs
403.7264
Amnesty days for purging small quantities of hazardous wastes
403.7265
Local hazardous waste collection program
403.7531
Notice by retail dealer
403.7545
Regulation of used oil as hazardous waste
403.7721
Rule of construction
403.70605
Solid waste collection services in competition with private companies
403.70611
Requirements relating to solid waste disposal facility permitting
403.70715
Research, development, and demonstration permits
403.71851
Electronic recycling grants
403.71852
Collection of lead-containing products

Current through Fall 2025

§ 403.717. Waste tire & lead-acid battery requirements's source at flsenate​.gov