Florida Senate - 2018 SB 348 By Senator Rodriguez 37-00058-18 2018348__ 1 A bill to be entitled 2 An act relating to disposable plastic bags; creating 3 s. 403.70325, F.S.; defining the term “coastal 4 community”; authorizing certain municipalities to 5 establish pilot programs to regulate or ban disposable 6 plastic bags; providing program criteria; providing 7 for expiration of a certain required ordinance; 8 directing participating municipalities to collect data 9 and submit reports to the municipal governing bodies 10 and the Department of Environmental Protection; 11 republishing s. 403.7033, F.S.; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 403.70325, Florida Statutes, is created 17 to read: 18 403.70325 Municipal pilot program for regulation or ban of 19 disposable plastic bags.— 20 (1) As used in this section, the term “coastal community” 21 means a municipality that abuts or borders the Gulf of Mexico or 22 Atlantic Ocean, or a saltwater bay, sound, straight, inlet, 23 lagoon, salt marsh, coastal wetland, or other saltwater body 24 immediately adjacent to the Gulf of Mexico or Atlantic Ocean. 25 (2) Notwithstanding s. 403.7033, a coastal community with a 26 population of less than 100,000 may establish a pilot program to 27 regulate or ban disposable plastic bags. A municipality 28 establishing a pilot program shall enact an ordinance for the 29 regulation or ban of disposable plastic bags which takes effect 30 no earlier than January 1, 2019, and expires no later than June 31 30, 2021. Such ordinance may not include any new taxes or fees 32 on the use or distribution of disposable plastic bags. 33 (3) A municipality that establishes a pilot program shall: 34 (a) Collect data pertaining to the impact of the disposable 35 plastic bag regulation or ban. 36 (b) By April 1, 2021, submit a report on the impact of the 37 regulation or ban to the governing body of the municipality at a 38 public hearing open to public comment. 39 (c) Provide a copy of the report to the department. 40 Section 2. Section 403.7033, Florida Statutes, is 41 republished to read: 42 403.7033 Departmental analysis of particular recyclable 43 materials.—The Legislature finds that prudent regulation of 44 recyclable materials is crucial to the ongoing welfare of 45 Florida’s ecology and economy. As such, the Department of 46 Environmental Protection shall undertake an analysis of the need 47 for new or different regulation of auxiliary containers, 48 wrappings, or disposable plastic bags used by consumers to carry 49 products from retail establishments. The analysis shall include 50 input from state and local government agencies, stakeholders, 51 private businesses, and citizens, and shall evaluate the 52 efficacy and necessity of both statewide and local regulation of 53 these materials. To ensure consistent and effective 54 implementation, the department shall submit a report with 55 conclusions and recommendations to the Legislature no later than 56 February 1, 2010. Until such time that the Legislature adopts 57 the recommendations of the department, no local government, 58 local governmental agency, or state government agency may enact 59 any rule, regulation, or ordinance regarding use, disposition, 60 sale, prohibition, restriction, or tax of such auxiliary 61 containers, wrappings, or disposable plastic bags. 62 Section 3. This act shall take effect upon becoming a law.