Florida Senate - 2025                                     SB 836
       
       
        
       By Senator Smith
       
       
       
       
       
       17-01567-25                                            2025836__
    1                        A bill to be entitled                      
    2         An act relating to auxiliary containers, wrappings,
    3         and disposable plastic bags; amending s. 403.7033,
    4         F.S.; removing the state preemption on the regulation
    5         of certain auxiliary containers, wrappings, and
    6         disposable plastic bags; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 403.7033, Florida Statutes, is amended
   11  to read:
   12         403.7033 Departmental analysis of particular recyclable
   13  materials.—The Legislature finds that prudent regulation of
   14  recyclable materials is crucial to the ongoing welfare of
   15  Florida’s ecology and economy. As such, the Department of
   16  Environmental Protection shall review and update its 2010 report
   17  on retail bags analyzing the need for new or different
   18  regulation of auxiliary containers, wrappings, or disposable
   19  plastic bags used by consumers to carry products from retail
   20  establishments. The updated report must include input from state
   21  and local government agencies, stakeholders, private businesses,
   22  and citizens and must evaluate the efficacy and necessity of
   23  both statewide and local regulation of these materials. To
   24  ensure consistent and effective implementation, the department
   25  shall submit the updated report with conclusions and
   26  recommendations to the Legislature no later than December 31,
   27  2021. Until such time that the Legislature adopts the
   28  recommendations of the department, a local government, local
   29  governmental agency, or state governmental agency may not enact
   30  any rule, regulation, or ordinance regarding use, disposition,
   31  sale, prohibition, restriction, or tax of such auxiliary
   32  containers, wrappings, or disposable plastic bags.
   33         Section 2. This act shall take effect July 1, 2025.