Florida Senate Bill S0320 Latest Draft

 Florida Senate - 2022 SB 320  By Senator Stewart 13-00253-22 2022320__ 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: 16 403.7033Departmental analysis of particular recyclable 17 materials.The Legislature finds that prudent regulation of 18 recyclable materials is crucial to the ongoing welfare of 19 Floridas 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: 39 500.90Regulation 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, 2022.