Florida Senate - 2022 SB 320 By Senator Stewart 13-00253-22 2022320__ 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 removing the preemption of local laws regarding the 5 regulation of auxiliary containers, wrappings, or 6 disposable plastic bags; amending s. 500.90, F.S.; 7 removing the preemption of local laws regarding the 8 use or sale of polystyrene products to the Department 9 of Agriculture and Consumer Services; providing an 10 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 review and update its 2010 report 21 on retail bags analyzing the need for new or different 22 regulation of auxiliary containers, wrappings, or disposable 23 plastic bags used by consumers to carry products from retail 24 establishments. The updated report must include input from state 25 and local government agencies, stakeholders, private businesses, 26 and citizens and must evaluate the efficacy and necessity of 27 both statewide and local regulation of these materials. To 28 ensure consistent and effective implementation, the department 29 shall submit the updated report with conclusions and 30 recommendations to the Legislature no later than December 31, 31 2021.Until such time that the Legislature adopts the32recommendations of the department, a local government, local33governmental agency, or state governmental agency may not enact34any rule, regulation, or ordinance regarding use, disposition,35sale, prohibition, restriction, or tax of such auxiliary36containers, wrappings, or disposable plastic bags.37 Section 2. Section 500.90, Florida Statutes, is amended to 38 read: 39500.90 Regulation of polystyrene products preempted to40department.—The regulation of the use or sale of polystyrene41products by entities regulated under this chapter is preempted42to the department. This preemption does not apply to local43ordinances or provisions thereof enacted before January 1, 2016,44and does not limit the authority of a local government to45restrict the use of polystyrene by individuals on public46property, temporary vendors on public property, or entities47engaged in a contractual relationship with the local government48for the provision of goods or services, unless such use is49otherwise preempted by law.50 Section 3. This act shall take effect July 1, 2022.