Florida Senate - 2021                                     SB 594
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00130-21                                            2021594__
    1                        A bill to be entitled                      
    2         An act relating to the preemption of recyclable and
    3         polystyrene materials; amending s. 403.7033, F.S.;
    4         deleting obsolete language; deleting preemptions of
    5         local law relating to the regulation of auxiliary
    6         containers, wrappings, or disposable plastic bags;
    7         amending s. 500.90, F.S.; repealing the preemption of
    8         local laws regarding the use or sale of polystyrene
    9         products to the Department of Agriculture and Consumer
   10         Services; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 403.7033, Florida Statutes, is amended
   15  to read:
   16         403.7033 Departmental analysis of particular recyclable
   17  materials.—The Legislature finds that prudent regulation of
   18  recyclable materials is crucial to the ongoing welfare of
   19  Florida’s ecology and economy. As such, the Department of
   20  Environmental Protection shall undertake an analysis of the need
   21  for new or different regulation of auxiliary containers,
   22  wrappings, or disposable plastic bags used by consumers to carry
   23  products from retail establishments. The analysis shall include
   24  input from state and local government agencies, stakeholders,
   25  private businesses, and citizens, and shall evaluate the
   26  efficacy and necessity of both statewide and local regulation of
   27  these materials. To ensure consistent and effective
   28  implementation, the department shall submit a report with
   29  conclusions and recommendations to the Legislature no later than
   30  February 1, 2010. Until such time that the Legislature adopts
   31  the recommendations of the department, no local government,
   32  local governmental agency, or state government agency may enact
   33  any rule, regulation, or ordinance regarding use, disposition,
   34  sale, prohibition, restriction, or tax of such auxiliary
   35  containers, wrappings, or disposable plastic bags.
   36         Section 2. Section 500.90, Florida Statutes, is amended to
   37  read:
   38         500.90 Regulation of polystyrene products preempted to
   39  department.—The regulation of the use or sale of polystyrene
   40  products by entities regulated under this chapter is preempted
   41  to the department. This preemption does not apply to local
   42  ordinances or provisions thereof enacted before January 1, 2016,
   43  and does not limit the authority of a local government to
   44  restrict the use of polystyrene by individuals on public
   45  property, temporary vendors on public property, or entities
   46  engaged in a contractual relationship with the local government
   47  for the provision of goods or services, unless such use is
   48  otherwise preempted by law.
   49         Section 3. This act shall take effect July 1, 2021.