Florida Senate - 2013                                     SB 722
       By Senator Bullard
       39-00837-13                                            2013722__
    1                        A bill to be entitled                      
    2         An act relating to disposable and reusable bags;
    3         amending s. 403.7033, F.S.; providing legislative
    4         findings; deleting obsolete language regarding
    5         legislative findings; creating statewide rules for
    6         disposable plastic bags and recyclable paper bags for
    7         certain stores in counties or municipalities where the
    8         local government adopts the provisions of the act;
    9         establishing requirements for certain stores in
   10         participating localities to comply with the act;
   11         requiring stores in participating localities to charge
   12         a fee for every recyclable paper bag provided to
   13         customers; providing for allocation of collected fees;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 403.7033, Florida Statutes, is amended
   19  to read:
   20         403.7033 Uniform statewide rules for disposable plastic
   21  bags and recyclable paper retail bags; departmental analysis of
   22  particular recyclable materials.—
   23         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
   24  prudent regulation of recyclable materials is crucial to the
   25  ongoing welfare of Florida’s ecology and economy. The Department
   26  of Environmental Protection has provided to the Legislature upon
   27  request a completed analysis of prudent standards for disposable
   28  plastic bags and recyclable paper retail bags and has found that
   29  the implementation of such standards encourages the use of
   30  reusable retail bags. As such, the Legislature finds that it is
   31  necessary and appropriate to adopt uniform statewide standards
   32  for disposable plastic bags or recyclable paper retail bags
   33  which may be adopted by local ordinance across the state The
   34  Department of Environmental Protection shall undertake an
   35  analysis of the need for new or different regulation of
   36  auxiliary containers, wrappings, or disposable plastic bags used
   37  by consumers to carry products from retail establishments. The
   38  analysis shall include input from state and local government
   39  agencies, stakeholders, private businesses, and citizens, and
   40  shall evaluate the efficacy and necessity of both statewide and
   41  local regulation of these materials. To ensure consistent and
   42  effective implementation, the department shall submit a report
   43  with conclusions and recommendations to the Legislature no later
   44  than February 1, 2010. Until such time that the Legislature
   45  adopts the recommendations of the department, no local
   46  government, local governmental agency, or state government
   47  agency may enact any rule, regulation, or ordinance regarding
   48  use, disposition, sale, prohibition, restriction, or tax of such
   49  auxiliary containers, wrappings, or disposable plastic bags.
   50         (2) LOCAL GOVERNMENT OPT IN.—This section applies only to
   51  local governments that adopt these provisions by local
   52  ordinance. Such ordinance may include penalties for violations.
   53         (3) DEFINITIONS.—As used in this section, the term:
   54         (a) “Customer” means a person purchasing goods from a
   55  store.
   56         (b) “Disposable plastic bag” means a compostable or
   57  biodegradable bag made predominantly of plastic derived from
   58  petroleum or a biologically based source, such as corn or
   59  another plant source, which is provided to a customer at the
   60  point of sale for the purpose of carrying away goods. The term
   61  does not include produce bags or reusable bags made of plastic.
   62         (c) “Local government” means a county or municipality.
   63         (d) “Participating store” means any of the following retail
   64  establishments located in the jurisdiction of a local government
   65  that adopts this act:
   66         1. A full-line, self-service retail store with gross annual
   67  sales of $2 million or more which sells canned goods, dry
   68  grocery items, nonfood items, or perishable items.
   69         2. A drugstore, pharmacy, supermarket, grocery store,
   70  convenience store, or other entity of at least 10,000 square
   71  feet which engages in the retail sale of a limited line of
   72  goods, including milk, bread, soda, and snack foods.
   73         (e) “Postconsumer recycled material” means material that is
   74  typically disposed of as solid waste, having completed its
   75  intended end use or life cycle. The term does not include
   76  materials or byproducts generated from, or commonly reused in,
   77  an original manufacturing and fabrication process.
   78         (f) “Produce bag” means a plastic bag without handles used
   79  exclusively to carry produce, meats, or other food items to the
   80  point of sale inside a store or to prevent such food items from
   81  coming into direct contact with other purchased items.
   82         (g) “Recyclable material” means material that can be
   83  sorted, cleansed, and reconstituted using available recycling
   84  collection programs to manufacture the altered form into a new
   85  product.
   86         (h) “Recyclable paper bag” means a paper bag that:
   87         1. Contains no old growth fiber;
   88         2. Is 100 percent recyclable and contains at least 40
   89  percent postconsumer recycled material;
   90         3. Is capable of composting, consistent with the timeline
   91  and specifications of ASTM International Standard D6400;
   92         4. Has printed on the bag the name of the manufacturer, the
   93  country where the bag was manufactured, and the percentage of
   94  postconsumer recycled material used; and
   95         5. Visibly displays the word “recyclable” on the outside of
   96  the bag.
   97         (i) “Reusable bag” means a bag with handles which is
   98  specifically designed and manufactured for multiple reuse and
   99  which meets all of the following requirements:
  100         1. Can carry a minimum of 22 pounds 125 times, over a
  101  distance of at least 175 feet.
  102         2. Has a minimum volume of 15 liters.
  103         3. Is machine washable or can be cleaned or disinfected.
  104         4. Does not contain lead, cadmium, or any other heavy metal
  105  in toxic amounts as defined by applicable federal standards and
  106  regulations for packaging of reusable bags.
  107         5. Has printed on the bag, or on a tag permanently affixed
  108  to the bag, the name of the manufacturer; the country where the
  109  bag was manufactured; a statement that the bag does not contain
  110  lead, cadmium, or any other heavy metal in toxic amounts; and
  111  the percentage of postconsumer recycled material used, if any.
  112         6. If made of plastic, is at least 2.25 mils thick.
  113         (4) DISPOSABLE PLASTIC BAGS PROHIBITED.—A participating
  114  store may not provide to a customer a disposable plastic bag.
  116  participating store shall provide to a customer reusable bags,
  117  for a fee or at no cost, for the purpose of carrying away goods
  118  or other items from the point of sale, subject to the terms of
  119  this section. A participating store may also offer recyclable
  120  paper bags to a customer, but no other type of bag may be
  121  provided. This section does not prohibit a customer from using a
  122  bag of any type that he or she brings to the participating store
  123  or from carrying away goods that are not placed in a bag.
  124         (6) USE OF RECYCLABLE PAPER BAGS.—A participating store
  125  that provides a recyclable paper bag to a customer shall charge
  126  the customer 10 cents for each bag provided. A participating
  127  store may not rebate or otherwise reimburse a customer any
  128  portion of the 10-cent charge. A participating store shall
  129  indicate on the customer receipt the number of recyclable paper
  130  bags provided and the total amount charged for the bags. Fees
  131  collected by a participating store under this subsection shall
  132  be used as follows:
  133         1. At least 50 percent of the fees collected shall be
  134  distributed to the school district in which the participating
  135  store is located, to be used solely for educational purposes;
  136  and
  137         2. Up to 50 percent of the fees collected may be retained
  138  by the participating store in order to offset the costs of
  139  complying with this section.
  140         (7) REPORTING.—A participating store shall report quarterly
  141  to the local government the total number of recyclable paper
  142  bags provided, the total amount of fees collected for providing
  143  recyclable paper bags, and a summary of any efforts by the
  144  participating store in the prior quarter to promote customer use
  145  of reusable bags. Such reporting shall be done on a form
  146  prescribed by the local government and shall be signed by a
  147  responsible agent or officer of the participating store
  148  confirming that the information provided on the form is accurate
  149  and complete. The quarterly report shall be submitted no later
  150  than 30 days after the end of each of the following quarters:
  151         (a) January 1 through March 31.
  152         (b) April 1 through June 30.
  153         (c) July 1 through September 30.
  154         (d) October 1 through December 31.
  155         Section 2. This act shall take effect upon becoming a law.