Florida Senate - 2016                                     SB 306
       By Senator Bullard
       39-00415A-16                                           2016306__
    1                        A bill to be entitled                      
    2         An act relating to disposable plastic bags; creating
    3         s. 403.70325, F.S.; authorizing certain municipalities
    4         to establish pilot programs to regulate or ban
    5         disposable plastic bags; providing program criteria;
    6         providing for expiration of the program; directing
    7         participating municipalities to collect data and
    8         submit reports to the municipal governing body and the
    9         Department of Environmental Protection; defining the
   10         term “coastal community”; republishing s. 403.7033,
   11         F.S.; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 403.70325, Florida Statutes, is created
   16  to read:
   17         403.70325 Municipal pilot program for regulation or ban of
   18  disposable plastic bags.—
   19         (1) Notwithstanding s. 403.7033, a municipality with a
   20  population of fewer than 100,000 which is a coastal community
   21  may establish a pilot program to regulate or ban disposable
   22  plastic bags. A municipality establishing a pilot program shall
   23  enact an ordinance for the regulation or ban of disposable
   24  plastic bags that takes effect no earlier than January 1, 2017,
   25  and expires no later than June 30, 2019. Such ordinance may not
   26  include any new taxes or fees on the use or distribution of
   27  disposable plastic bags.
   28         (2) A municipality that establishes a pilot program shall:
   29         (a) Collect data pertaining to the impact of such
   30  regulation or ban.
   31         (b) By April 1, 2019, submit a report on the impact of such
   32  regulation or ban to the governing body of the municipality at a
   33  public hearing that is open to comments from the public.
   34         (c) Provide a copy of the report to the department.
   35         (3) As used in this section, the term “coastal community”
   36  means a municipality that abuts or borders the Gulf of Mexico,
   37  the Atlantic Ocean, or a bay.
   38         Section 2. Section 403.7033, Florida Statutes, is
   39  republished to read:
   40         403.7033 Departmental analysis of particular recyclable
   41  materials.—The Legislature finds that prudent regulation of
   42  recyclable materials is crucial to the ongoing welfare of
   43  Florida’s ecology and economy. As such, the Department of
   44  Environmental Protection shall undertake an analysis of the need
   45  for new or different regulation of auxiliary containers,
   46  wrappings, or disposable plastic bags used by consumers to carry
   47  products from retail establishments. The analysis shall include
   48  input from state and local government agencies, stakeholders,
   49  private businesses, and citizens, and shall evaluate the
   50  efficacy and necessity of both statewide and local regulation of
   51  these materials. To ensure consistent and effective
   52  implementation, the department shall submit a report with
   53  conclusions and recommendations to the Legislature no later than
   54  February 1, 2010. Until such time that the Legislature adopts
   55  the recommendations of the department, no local government,
   56  local governmental agency, or state government agency may enact
   57  any rule, regulation, or ordinance regarding use, disposition,
   58  sale, prohibition, restriction, or tax of such auxiliary
   59  containers, wrappings, or disposable plastic bags.
   60         Section 3. This act shall take effect upon becoming a law.