Florida Senate - 2023                                     SB 498
       
       
        
       By Senator Stewart
       
       
       
       
       
       17-00255-23                                            2023498__
    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 the
   32  recommendations of the department, a local government, local
   33  governmental agency, or state governmental agency may not enact
   34  any rule, regulation, or ordinance regarding use, disposition,
   35  sale, prohibition, restriction, or tax of such auxiliary
   36  containers, wrappings, or disposable plastic bags.
   37         Section 2. Section 500.90, Florida Statutes, is amended to
   38  read:
   39         500.90 Regulation of polystyrene products preempted to
   40  department.—The regulation of the use or sale of polystyrene
   41  products by entities regulated under this chapter is preempted
   42  to the department. This preemption does not apply to local
   43  ordinances or provisions thereof enacted before January 1, 2016,
   44  and does not limit the authority of a local government to
   45  restrict the use of polystyrene by individuals on public
   46  property, temporary vendors on public property, or entities
   47  engaged in a contractual relationship with the local government
   48  for the provision of goods or services, unless such use is
   49  otherwise preempted by law.
   50         Section 3. This act shall take effect July 1, 2023.