Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1126
       
       
       
       
       
       
                                Ì354080}Î354080                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/16/2024           .                                
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       The Committee on Commerce and Tourism (Martin) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 24 - 64
    4  and insert:
    5         (a) Is made of cloth; paper; plastic, including, but not
    6  limited to, foamed plastic, expanded plastic, or polystyrene;
    7  cardboard; molded fiber; corrugated material; aluminum; glass;
    8  postconsumer recycled material; or similar material or
    9  substrates, including coated, laminated, or multilayer
   10  substrates.
   11         (b) Is designed for transporting, consuming, or protecting
   12  merchandise, food, or beverages from or at a public food service
   13  establishment as defined in s. 509.013(5), a food establishment
   14  as defined in s. 500.03(1), or a retailer as defined in s.
   15  212.02(13).
   16         (36)(35) “Solid waste” means sludge unregulated under the
   17  federal Clean Water Act or Clean Air Act, sludge from a waste
   18  treatment works, water supply treatment plant, or air pollution
   19  control facility, or garbage, rubbish, refuse, special waste, or
   20  other discarded material, including solid, liquid, semisolid, or
   21  contained gaseous material resulting from domestic, industrial,
   22  commercial, mining, agricultural, or governmental operations.
   23  Recovered materials as defined in subsection (29) (28) and post
   24  use polymers as defined in subsection (25) (24) are not solid
   25  waste.
   26         Section 2. Section 403.7033, Florida Statutes, is amended
   27  to read:
   28         403.7033 Preemption of regulation for auxiliary containers
   29  Departmental analysis of particular recyclable materials.—The
   30  Legislature finds that prudent regulation of recyclable
   31  materials is crucial to the ongoing welfare of Florida’s ecology
   32  and economy. As such, the Department of Environmental Protection
   33  shall review and update its 2010 report on retail bags analyzing
   34  the need for new or different regulation of auxiliary
   35  containers, wrappings, or disposable plastic bags used by
   36  consumers to carry products from retail establishments. The
   37  updated report must include input from state and local
   38  government agencies, stakeholders, private businesses, and
   39  citizens and must evaluate the efficacy and necessity of both
   40  statewide and local regulation of these materials. To ensure
   41  consistent and effective implementation, the department shall
   42  submit the updated report with conclusions and recommendations
   43  to the Legislature no later than December 31, 2021. Until such
   44  time that the Legislature adopts the recommendations of the
   45  department, A local government, local governmental agency, or
   46  state governmental agency may not enact any rule, regulation, or
   47  ordinance regarding use, disposition, sale, prohibition,
   48  restriction, or tax of such auxiliary containers. The regulation
   49  of auxiliary containers is expressly preempted to the state,
   50  wrappings, or
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete lines 5 - 9
   55  and insert:
   56         amending s. 403.7033, F.S.; deleting obsolete
   57         provisions requiring the Department of Environmental
   58         Protection to review and update a specified report;
   59         expressly preempting the regulation of auxiliary
   60         containers to the state; amending s. 403.707, F.S.;