Florida Senate - 2022 SB 1580 By Senator Rodriguez 39-01499-22 20221580__ 1 A bill to be entitled 2 An act relating to the management of single-use 3 plastic products; amending s. 403.7033, F.S.; 4 requiring the Department of Environmental Protection 5 to update its 2010 retail bag report at specified 6 intervals; providing requirements for the updated 7 reports; creating s. 403.7034, F.S.; defining the term 8 “coastal community”; authorizing certain coastal 9 communities to establish pilot programs to regulate 10 the use of single-use plastic products; providing for 11 the adoption and expiration of the ordinances required 12 to establish the pilot programs; directing 13 participating municipalities to collect data and 14 submit reports to the municipal governing bodies and 15 the department; providing for expiration of the pilot 16 programs; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 403.7033, Florida Statutes, is amended 21 to read: 22 403.7033 Departmental analysis of particular recyclable 23 materials.— 24 (1) The Legislature finds that prudent regulation of 25 recyclable materials is crucial to the ongoing welfare of 26 Florida’s ecology and economy. As such, the Department of 27 Environmental Protection shall review and update its 2010 report 28 on retail bags analyzing the need for new or different 29 regulation of auxiliary containers, wrappings, or disposable 30 plastic bags used by consumers to carry products from retail 31 establishments. The updated report must include input from state 32 and local government agencies, stakeholders, private businesses, 33 and residentscitizensand must evaluate the efficacy and 34 necessity of both statewide and local regulation of these 35 materials. To ensure consistent and effective implementation, 36 the department shall submit the updated report with conclusions 37 and recommendations to the Legislature byno later thanDecember 38 31, 2021. Beginning December 31, 2026, and every 5 years 39 thereafter, the department shall submit an updated report with 40 conclusions and recommendations to the Legislature by December 41 31 of each year in which an updated report is due. 42 (2) Untilsuch time thatthe Legislature adopts the 43 recommendations of the department, a local government, local 44 governmental agency, or state governmental agency may not enact 45 any rule, regulation, or ordinance regarding the use, 46 disposition, sale, prohibition, restriction, or tax ofsuch47 auxiliary containers, wrappings, or disposable plastic bags. 48 Section 2. Section 403.7034, Florida Statutes, is created 49 to read: 50 403.7034 Municipal pilot programs for the regulation of 51 single-use plastic products.— 52 (1) As used in this section, the term “coastal community” 53 means a municipality within this state which abuts or borders 54 the Gulf of Mexico; the Atlantic Ocean; or a saltwater bay, 55 sound, strait, inlet, lagoon, salt marsh, or coastal wetland, or 56 other saltwater body immediately adjacent to the Gulf of Mexico 57 or the Atlantic Ocean. 58 (2) Notwithstanding s. 403.7033(2), and pending adoption by 59 the Legislature of the department’s recommendations in the 60 updated 2010 retail bag report submitted pursuant to that 61 subsection, a coastal community with a population of less than 62 100,000 may establish a pilot program to regulate the use of 63 single-use plastic products within that municipality. 64 (3) A coastal community that establishes a pilot program 65 pursuant to subsection (2) shall do all of the following: 66 (a) Adopt an ordinance to regulate the use of single-use 67 plastic products within the municipality’s jurisdiction. The 68 ordinance must take effect by July 1, 2023, and must expire by 69 June 30, 2025. The ordinance may not authorize or impose any new 70 taxes or fees on the use or distribution of single-use plastic 71 products or disposable plastic bags. 72 (b) Collect pertinent data and prepare a report analyzing 73 the results and effectiveness of the pilot program. By May 1, 74 2025, the municipality shall submit the report to the governing 75 body of the municipality that established the pilot program. The 76 report must be presented during a publicly noticed meeting 77 during which the municipality may receive public comments on the 78 report. 79 (c) Submit a copy of the report required under paragraph 80 (b) to the department by June 30, 2025. 81 (4) This section expires July 1, 2025. 82 Section 3. This act shall take effect upon becoming a law.