Florida Senate - 2026 SB 766
By Senator Martin
33-00501-26 2026766__
1 A bill to be entitled
2 An act relating to waste management; amending s.
3 403.703, F.S.; defining the term “auxiliary
4 container”; conforming a cross-reference; amending s.
5 403.7033, F.S.; deleting obsolete provisions that
6 provide legislative findings and require the
7 Department of Environmental Protection to review and
8 update a specified report; preempting the regulation
9 of auxiliary containers to the state; permitting
10 rules, regulations, or ordinances restricting the use
11 of glass auxiliary containers within the boundaries of
12 a public beach; authorizing the Division of Recreation
13 and Parks to regulate auxiliary containers within
14 state parks; specifying that certain local ordinances
15 and restrictions are permitted; amending s. 403.707,
16 F.S.; conforming cross-references; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Present subsections (2) through (48) of section
22 403.703, Florida Statutes, are redesignated as subsections (3)
23 through (49), respectively, a new subsection (2) is added to
24 that section, and present subsection (35) of that section is
25 amended, to read:
26 403.703 Definitions.—As used in this part, the term:
27 (2) “Auxiliary container” means a reusable or single-use
28 bag, cup, bottle, can, or other packaging that meets both of the
29 following requirements:
30 (a) Is made of cloth; paper; plastic, including, but not
31 limited to, foamed plastic, expanded plastic, or polystyrene;
32 cardboard or corrugated material; molded fiber; aluminum; glass;
33 postconsumer recycled material; or similar material or
34 substrates, including coated, laminated, or multilayer
35 substrates.
36 (b) Is designed for transporting, consuming, or protecting
37 merchandise, food, or beverages from or at a public food service
38 establishment as defined in s. 509.013(5), a food establishment
39 as defined in s. 500.03(1), or a retailer as defined in s.
40 212.02(13).
41 (36)(35) “Solid waste” means sludge unregulated under the
42 federal Clean Water Act or Clean Air Act, sludge from a waste
43 treatment works, water supply treatment plant, or air pollution
44 control facility, or garbage, rubbish, refuse, special waste, or
45 other discarded material, including solid, liquid, semisolid, or
46 contained gaseous material resulting from domestic, industrial,
47 commercial, mining, agricultural, or governmental operations.
48 Recovered materials as defined in subsection (29) (28) and post
49 use polymers as defined in subsection (25) (24) are not solid
50 waste.
51 Section 2. Section 403.7033, Florida Statutes, is amended
52 to read:
53 403.7033 Regulation of auxiliary containers Departmental
54 analysis of particular recyclable materials.—The Legislature
55 finds that prudent regulation of recyclable materials is crucial
56 to the ongoing welfare of Florida’s ecology and economy. As
57 such, the Department of Environmental Protection shall review
58 and update its 2010 report on retail bags analyzing the need for
59 new or different regulation of auxiliary containers, wrappings,
60 or disposable plastic bags used by consumers to carry products
61 from retail establishments. The updated report must include
62 input from state and local government agencies, stakeholders,
63 private businesses, and citizens and must evaluate the efficacy
64 and necessity of both statewide and local regulation of these
65 materials. To ensure consistent and effective implementation,
66 the department shall submit the updated report with conclusions
67 and recommendations to the Legislature no later than December
68 31, 2021. Until such time that the Legislature adopts the
69 recommendations of the department,
70 (1) Except as provided in s. 500.90, the regulation of
71 auxiliary containers is expressly preempted to the state. A
72 local government, local governmental agency, or state
73 governmental agency may not enact or enforce any rule,
74 regulation, or ordinance regarding the use, disposition, sale,
75 prohibition, restriction, or tax of such auxiliary containers
76 unless explicitly permitted by law.
77 (2) Rules, regulations, or ordinances restricting the use
78 of glass auxiliary containers within the boundaries of any
79 public beach are explicitly permitted.
80 (3) The Division of Recreation and Parks of the Department
81 of Environmental Protection may regulate auxiliary containers
82 within state parks consistent with its grant of authority in s.
83 258.004, wrappings, or disposable plastic bags.
84 (4) Local ordinances and restrictions authorized under s.
85 500.90 are permitted.
86 Section 3. Paragraph (j) of subsection (9) of section
87 403.707, Florida Statutes, is amended to read:
88 403.707 Permits.—
89 (9) The department shall establish a separate category for
90 solid waste management facilities that accept only construction
91 and demolition debris for disposal or recycling. The department
92 shall establish a reasonable schedule for existing facilities to
93 comply with this section to avoid undue hardship to such
94 facilities. However, a permitted solid waste disposal unit that
95 receives a significant amount of waste prior to the compliance
96 deadline established in this schedule shall not be required to
97 be retrofitted with liners or leachate control systems.
98 (j) The Legislature recognizes that recycling, waste
99 reduction, and resource recovery are important aspects of an
100 integrated solid waste management program and as such are
101 necessary to protect the public health and the environment. If
102 necessary to promote such an integrated program, the county may
103 determine, after providing notice and an opportunity for a
104 hearing prior to April 30, 2008, that some or all of the
105 material described in s. 403.703(7)(b) must s. 403.703(6)(b)
106 shall be excluded from the definition of “construction and
107 demolition debris” in s. 403.703(7) s. 403.703(6) within the
108 jurisdiction of such county. The county may make such a
109 determination only if it finds that, prior to June 1, 2007, the
110 county has established an adequate method for the use or
111 recycling of such wood material at an existing or proposed solid
112 waste management facility that is permitted or authorized by the
113 department on June 1, 2007. The county is not required to hold a
114 hearing if the county represents that it previously has held a
115 hearing for such purpose, or if the county represents that it
116 previously has held a public meeting or hearing that authorized
117 such method for the use or recycling of trash or other
118 nonputrescible waste materials and that such materials include
119 those materials described in s. 403.703(7)(b) s. 403.703(6)(b).
120 The county shall provide written notice of its determination to
121 the department by no later than April 30, 2008; thereafter, the
122 materials described in s. 403.703(7) are s. 403.703(6) shall be
123 excluded from the definition of “construction and demolition
124 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
125 of such county. The county may withdraw or revoke its
126 determination at any time by providing written notice to the
127 department.
128 Section 4. This act shall take effect July 1, 2026.