HB 363 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0363-00
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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
A bill to be entitled 1
An act relating to the regulation of single -use 2
plastic products; creating s. 403.7034, F.S.; defining 3
the term "coastal community"; authorizing coastal 4
communities to establish pilot programs to regulate 5
single-use plastic products; providing requirements 6
for establishing such pilot programs; amending s. 7
403.7033, F.S.; requiring the Department of 8
Environmental Protection to submit updated retail bag 9
reports with conclusions and recommendations to the 10
Legislature by specified dates; removing an obsolete 11
provision; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 403.7034, Florida Statutes, is created 16
to read: 17
403.7034 Coastal community pilot program to regulate 18
single-use plastic products. — 19
(1) As used in this section, the term "coastal community" 20
means a municipality with a population of less than 500,000 that 21
abuts or borders the Gulf of Mexico; the Atlantic Ocean; or a 22
saltwater bay, sound, strait, inlet, lagoon, salt marsh, coastal 23
wetland, or other saltwater body immediately adjacent to the 24
Gulf of Mexico or the Atlantic Ocean. 25
HB 363 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0363-00
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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
(2) Notwithstanding s. 403.7033, a coastal community m ay 26
establish a pilot program to regulate single -use plastic 27
products. 28
(3) To establish a pilot program to regulate single -use 29
plastic products, a coastal community must: 30
(a) Adopt an ordinance to regulate single -use plastic 31
products within the communit y's jurisdiction. The ordinance must 32
take effect on or after July 1, 2024, and must expire by June 33
30, 2026. The ordinance may not authorize or impose any new 34
taxes or fees for the use or distribution of single -use plastic 35
products and disposable plastic b ags. 36
(b) Collect pertinent data relating to the effectiveness 37
and impacts of regulating single -use plastic products. 38
(c) By May 1, 2026, submit to its governing body a report 39
with data showing the effectiveness and impacts of regulating 40
single-use plastic products. 41
(d) Present the report under paragraph (c) at a publicly 42
noticed meeting of its governing body and receive public 43
comments on the report. 44
(e) Provide a copy of the report under paragraph (c) to 45
the department no later than June 30, 2026. 46
Section 2. Section 403.7033, Florida Statutes, is amended 47
to read: 48
403.7033 Departmental analysis of particular recyclable 49
materials.—The Legislature finds that prudent regulation of 50
HB 363 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0363-00
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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
recyclable materials is crucial to the ongoing welfare of 51
Florida's ecology and economy. As such, the Department of 52
Environmental Protection shall review and update its 2010 report 53
on retail bags analyzing the need for new or different 54
regulation of auxiliary containers, wrappings, or disposable 55
plastic bags used by consu mers to carry products from retail 56
establishments. The updated report must include input from state 57
and local government agencies, stakeholders, private businesses, 58
and citizens and must evaluate the efficacy and necessity of 59
both statewide and local regul ation of these materials. To 60
ensure consistent and effective implementation, beginning in 61
2027, and every 5 years thereafter, the department shall submit 62
the updated report with conclusions and recommendations to the 63
Legislature no later than December 31 , 2021. Until such time 64
that the Legislature adopts the recommendations of the 65
department, a local government, local governmental agency, or 66
state governmental agency may not enact any rule, regulation, or 67
ordinance regarding use, disposition, sale, prohibit ion, 68
restriction, or tax of such auxiliary containers, wrappings, or 69
disposable plastic bags. 70
Section 3. This act shall take effect upon becoming a law. 71