Florida Senate - 2023 SB 336 By Senator Rodriguez 40-00387A-23 2023336__ 1 A bill to be entitled 2 An act relating to the regulation of single-use 3 plastic products; amending s. 403.7033, F.S.; 4 requiring the Department of Environmental Protection 5 to submit updated retail bag reports with conclusions 6 and recommendations to the Legislature by specified 7 dates; creating s. 403.7034, F.S.; defining the term 8 coastal community; authorizing coastal communities 9 to establish pilot programs to regulate single-use 10 plastic products; providing requirements for 11 establishing such pilot programs; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Section 403.7033, Florida Statutes, is amended 17 to read: 18 403.7033Departmental analysis of particular recyclable 19 materials.The Legislature finds that prudent regulation of 20 recyclable materials is crucial to the ongoing welfare of 21 Floridas ecology and economy. As such, the Department of 22 Environmental Protection shall review and periodically update 23 its 2010 report on retail bags analyzing the need for new or 24 different regulation of auxiliary containers, wrappings, or 25 disposable plastic bags used by consumers to carry products from 26 retail establishments. The updated reports report must include 27 input from state and local government agencies, stakeholders, 28 private businesses, and citizens and must evaluate the efficacy 29 and necessity of both statewide and local regulation of these 30 materials. To ensure consistent and effective implementation, 31 beginning in 2027, and every 5 years thereafter, the department 32 shall submit an the updated report with conclusions and 33 recommendations to the Legislature no later than December 31, 34 2021. Until such time that the Legislature adopts the 35 recommendations of the department, a local government, local 36 governmental agency, or state governmental agency may not enact 37 any rule, regulation, or ordinance regarding use, disposition, 38 sale, prohibition, restriction, or tax of such auxiliary 39 containers, wrappings, or disposable plastic bags. 40 Section 2.Section 403.7034, Florida Statutes, is created 41 to read: 42 403.7034Coastal community pilot program to regulate 43 single-use plastic products. 44 (1)As used in this section, the term coastal community 45 means a municipality with a population of less than 500,000 46 which abuts or borders the Gulf of Mexico; the Atlantic Ocean; 47 or a saltwater bay, sound, strait, inlet, lagoon, salt marsh, 48 coastal wetland, or other saltwater body immediately adjacent to 49 the Gulf of Mexico or the Atlantic Ocean. 50 (2)Notwithstanding s. 403.7033, a coastal community may 51 establish a pilot program to regulate single-use plastic 52 products. 53 (3)To establish a pilot program to regulate single-use 54 plastic products, a coastal community must: 55 (a)Adopt an ordinance to regulate single-use plastic 56 products within the communitys jurisdiction. The ordinance must 57 take effect on or after July 1, 2024, and must expire by June 58 30, 2026. The ordinance may not authorize or impose any new 59 taxes or fees for the use or distribution of single-use plastic 60 products or disposable plastic bags. 61 (b)Collect pertinent data relating to the effectiveness 62 and impacts of regulating single-use plastic products. 63 (c)By May 1, 2026, submit to its governing body a report 64 with data showing the effectiveness and impacts of regulating 65 single-use plastic products. 66 (d)Present the report under paragraph (c) at a publicly 67 noticed meeting of its governing body and receive public 68 comments on the report. 69 (e)Provide a copy of the report under paragraph (c) to the 70 department no later than June 30, 2026. 71 Section 3.This act shall take effect upon becoming a law.