Florida Senate - 2019                              CS for SB 588
       By the Committee on Commerce and Tourism; and Senators Hutson
       and Bradley
       577-02659-19                                           2019588c1
    1                        A bill to be entitled                      
    2         An act relating to preemption of local regulations;
    3         creating s. 403.7034, F.S.; prohibiting local
    4         government entities from adopting or enforcing local
    5         ordinances or regulations relating to single-use
    6         plastic straws before a specified date; requiring the
    7         Department of Environmental Protection, or an entity
    8         designated by the department, to conduct a study
    9         evaluating the environmental impact of single-use
   10         plastic straws; providing qualifications for the
   11         designated entity; specifying requirements for the
   12         environmental impact study; requiring the department
   13         to submit a report on the environmental impact study
   14         results to the Legislature by a specified date;
   15         providing that, under certain circumstances, the
   16         moratorium on local regulation is lifted by a
   17         specified date; providing penalties for violations of
   18         the moratorium by a local government entity; amending
   19         s. 499.002, F.S.; preempting the regulation of over
   20         the-counter proprietary drugs or cosmetics to the
   21         state; providing an effective date.
   23         WHEREAS, single-use plastic straws comprise less than 1
   24  percent of waste and litter, and
   25         WHEREAS, alternatives to single-use plastic straws may have
   26  equivalent environmental drawbacks or have reduced utility in
   27  certain beverage types, and
   28         WHEREAS, reducing the availability of single-use plastic
   29  straws may negatively impact persons with disabilities who
   30  require single-use plastic straws for feeding and hydration, and
   31         WHEREAS, businesses should be free to decide the best
   32  manner in which to serve their customers, free from unnecessary
   33  governmental intrusion or regulation, and
   34         WHEREAS, the prudent deliberation regarding materials usage
   35  and the development of policy based on sound research and
   36  science will result in better long-term solutions for this
   37  state, NOW, THEREFORE,
   39  Be It Enacted by the Legislature of the State of Florida:
   41         Section 1. Section 403.7034, Florida Statutes, is created
   42  to read:
   43         403.7034 Local regulation of single-use plastic straws;
   44  moratorium; environmental impact study; penalties.—
   45         (1) Before July 1, 2024, a county, a municipality, or
   46  another entity of local government may not adopt or enforce an
   47  ordinance or other local regulation relating to single-use
   48  plastic straws.
   49         (2) In the interim, the department, or an entity designated
   50  by the department, shall conduct a study to evaluate the
   51  environmental impact of single-use plastic straws. A designated
   52  entity must be competent, knowledgeable, and unbiased regarding
   53  environmental impact studies.
   54         (3) The environmental impact study must focus on scientific
   55  data regarding the environmental impact of single-use plastic
   56  straws and the potential impact on the environment of this state
   57  of a reduction in the number of, or a prohibition on the use of,
   58  single-use plastic straws. The study may consider single-use
   59  plastic straw regulations adopted in other jurisdictions in the
   60  United States and the actual effectiveness of such regulations
   61  in those jurisdictions in terms of environmental impact. The
   62  study must also consider the usefulness and environmental impact
   63  of potential alternatives to single-use plastic straws and the
   64  potential impact of reducing or eliminating single-use plastic
   65  straws on the quality of life of persons with disabilities who
   66  may rely on single-use plastic straws for feeding and hydration.
   67         (4) The department shall report the results of the
   68  environmental impact study to the Legislature by January 1,
   69  2024. If, upon evaluating the results of the study, the
   70  Legislature does not enact a general law specifying a statewide
   71  policy regarding single-use plastic straws or a law preempting
   72  local regulation of single-use plastic straws, the moratorium on
   73  local regulation and enforcement under this section is lifted,
   74  effective July 1, 2024.
   75         (5) An attempt by a county, a municipality, or another
   76  entity of local government to adopt or enforce single-use
   77  plastic straw regulations before July 1, 2024, is a violation of
   78  this chapter and shall result in a fine to the offending local
   79  government entity in the amount of $25,000. Further, the
   80  offending local government entity is responsible for the
   81  attorney fees and costs of any party filing and prevailing in a
   82  civil action to enforce the terms of the moratorium.
   83         Section 2. Subsection (7) is added to section 499.002,
   84  Florida Statutes, to read:
   85         499.002 Purpose, administration, and enforcement of and
   86  exemption from this part.—
   87         (7) Notwithstanding any other law or local ordinance to the
   88  contrary, the regulation of over-the-counter proprietary drugs
   89  and cosmetics is preempted to the state to be uniformly
   90  administered.
   91         Section 3. This act shall take effect July 1, 2019.