Florida 2023 Regular Session

Florida House Bill H0363 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 363 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the regulation of single -use 2
16	16	plastic products; creating s. 403.7034, F.S.; defining 3
17	17	the term "coastal community"; authorizing coastal 4
18	18	communities to establish pilot programs to regulate 5
19	19	single-use plastic products; providing requirements 6
20	20	for establishing such pilot programs; amending s. 7
21	21	403.7033, F.S.; requiring the Department of 8
22	22	Environmental Protection to submit updated retail bag 9
23	23	reports with conclusions and recommendations to the 10
24	24	Legislature by specified dates; removing an obsolete 11
25	25	provision; providing an effective date. 12
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27	27	Be It Enacted by the Legislature of the State of Florida: 14
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29	29	Section 1. Section 403.7034, Florida Statutes, is created 16
30	30	to read: 17
31	31	403.7034 Coastal community pilot program to regulate 18
32	32	single-use plastic products. — 19
33	33	(1) As used in this section, the term "coastal community" 20
34	34	means a municipality with a population of less than 500,000 that 21
35	35	abuts or borders the Gulf of Mexico; the Atlantic Ocean; or a 22
36	36	saltwater bay, sound, strait, inlet, lagoon, salt marsh, coastal 23
37	37	wetland, or other saltwater body immediately adjacent to the 24
38	38	Gulf of Mexico or the Atlantic Ocean. 25
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40	40	HB 363 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(2) Notwithstanding s. 403.7033, a coastal community m ay 26
52	52	establish a pilot program to regulate single -use plastic 27
53	53	products. 28
54	54	(3) To establish a pilot program to regulate single -use 29
55	55	plastic products, a coastal community must: 30
56	56	(a) Adopt an ordinance to regulate single -use plastic 31
57	57	products within the communit y's jurisdiction. The ordinance must 32
58	58	take effect on or after July 1, 2024, and must expire by June 33
59	59	30, 2026. The ordinance may not authorize or impose any new 34
60	60	taxes or fees for the use or distribution of single -use plastic 35
61	61	products and disposable plastic b ags. 36
62	62	(b) Collect pertinent data relating to the effectiveness 37
63	63	and impacts of regulating single -use plastic products. 38
64	64	(c) By May 1, 2026, submit to its governing body a report 39
65	65	with data showing the effectiveness and impacts of regulating 40
66	66	single-use plastic products. 41
67	67	(d) Present the report under paragraph (c) at a publicly 42
68	68	noticed meeting of its governing body and receive public 43
69	69	comments on the report. 44
70	70	(e) Provide a copy of the report under paragraph (c) to 45
71	71	the department no later than June 30, 2026. 46
72	72	Section 2. Section 403.7033, Florida Statutes, is amended 47
73	73	to read: 48
74	74	403.7033 Departmental analysis of particular recyclable 49
75	75	materials.—The Legislature finds that prudent regulation of 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	recyclable materials is crucial to the ongoing welfare of 51
89	89	Florida's ecology and economy. As such, the Department of 52
90	90	Environmental Protection shall review and update its 2010 report 53
91	91	on retail bags analyzing the need for new or different 54
92	92	regulation of auxiliary containers, wrappings, or disposable 55
93	93	plastic bags used by consu mers to carry products from retail 56
94	94	establishments. The updated report must include input from state 57
95	95	and local government agencies, stakeholders, private businesses, 58
96	96	and citizens and must evaluate the efficacy and necessity of 59
97	97	both statewide and local regul ation of these materials. To 60
98	98	ensure consistent and effective implementation, beginning in 61
99	99	2027, and every 5 years thereafter, the department shall submit 62
100	100	the updated report with conclusions and recommendations to the 63
101	101	Legislature no later than December 31 , 2021. Until such time 64
102	102	that the Legislature adopts the recommendations of the 65
103	103	department, a local government, local governmental agency, or 66
104	104	state governmental agency may not enact any rule, regulation, or 67
105	105	ordinance regarding use, disposition, sale, prohibit ion, 68
106	106	restriction, or tax of such auxiliary containers, wrappings, or 69
107	107	disposable plastic bags. 70
108	108	Section 3. This act shall take effect upon becoming a law. 71