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.