HB 1641 2024
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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 regulation of auxiliary containers; 2
amending s. 403.703, F.S.; defining the term 3
"auxiliary container"; amending s. 403.7033, F.S.; 4
removing obsolete provisions requiring the Department 5
of Environmental Protection to review and update a 6
specified report; prohibiting local regulation of 7
auxiliary containers; preempting such regulation to 8
the state; amending s. 403.707, F.S.; conforming 9
cross-references; providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Subsections (2) through (48) of section 14
403.703, Florida Statutes, are renumbered as sections (3) 15
through (49), respectively, present subse ction (35) of that 16
section is amended, and a new subsection (2) is added to that 17
section, to read: 18
403.703 Definitions. —As used in this part, the term: 19
(2) "Auxiliary container" means a reusable or single -use 20
bag, cup, bottle, or other packaging that m eets both of the 21
following requirements: 22
(a) Is made of cloth; paper; plastic, including, but not 23
limited to, foamed plastic, expanded plastic, or polystyrene; 24
cardboard; molded fiber; corrugated material; aluminum; glass; 25
HB 1641 2024
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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
postconsumer recycled material; or similar material or 26
substrates, including coated, laminated, or multilayer 27
substrates. 28
(b) Is designed for transporting, consuming, or protecting 29
merchandise, food, or beverages from or at a food service or 30
retail facility. 31
(36)(35) "Solid waste" means sludge unregulated under the 32
federal Clean Water Act or Clean Air Act, sludge from a waste 33
treatment works, water supply treatment plant, or air pollution 34
control facility, or garbage, rubbish, refuse, special waste, or 35
other discarded material, inclu ding solid, liquid, semisolid, or 36
contained gaseous material resulting from domestic, industrial, 37
commercial, mining, agricultural, or governmental operations. 38
Recovered materials as defined in subsection (29) (28) and post-39
use polymers as defined in subse ction (25) (24) are not solid 40
waste. 41
Section 2. Section 403.7033, Florida Statutes, is amended 42
to read: 43
403.7033 Preemption of regulation for auxiliary containers 44
Departmental analysis of particular recyclable materials .—The 45
Legislature finds that pr udent regulation of recyclable 46
materials is crucial to the ongoing welfare of Florida's ecology 47
and economy. As such, the Department of Environmental Protection 48
shall review and update its 2010 report on retail bags analyzing 49
the need for new or different regulation of auxiliary 50
HB 1641 2024
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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
containers, wrappings, or disposable plastic bags used by 51
consumers to carry products from retail establishments. The 52
updated report must include input from state and local 53
government agencies, stakeholders, private businesses, and 54
citizens and must evaluate the efficacy and necessity of both 55
statewide and local regulation of these materials. To ensure 56
consistent and effective implementation, the department shall 57
submit the updated report with conclusions and recommendations 58
to the Legislature no later than December 31, 2021. Until such 59
time that the Legislature adopts the recommendations of the 60
department, A local government, local governmental agency, or 61
state governmental agency may not enact any rule, regulation, or 62
ordinance regarding use, disposition, sale, prohibition, 63
restriction, or tax of such auxiliary containers . The regulation 64
of auxiliary containers is expressly preempted to the state , 65
wrappings, or disposable plastic bags . 66
Section 3. Paragraph (j) of subsection (9) o f section 67
403.707, Florida Statutes, is amended to read: 68
403.707 Permits.— 69
(9) The department shall establish a separate category for 70
solid waste management facilities that accept only construction 71
and demolition debris for disposal or recycling. The d epartment 72
shall establish a reasonable schedule for existing facilities to 73
comply with this section to avoid undue hardship to such 74
facilities. However, a permitted solid waste disposal unit that 75
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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
receives a significant amount of waste prior to the complian ce 76
deadline established in this schedule shall not be required to 77
be retrofitted with liners or leachate control systems. 78
(j) The Legislature recognizes that recycling, waste 79
reduction, and resource recovery are important aspects of an 80
integrated solid waste management program and as such are 81
necessary to protect the public health and the environment. If 82
necessary to promote such an integrated program, the county may 83
determine, after providing notice and an opportunity for a 84
hearing prior to April 30, 200 8, that some or all of the 85
material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 86
excluded from the definition of "construction and demolition 87
debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction 88
of such county. The county may make such a determination only if 89
it finds that, prior to June 1, 2007, the county has established 90
an adequate method for the use or recycling of such wood 91
material at an existing or proposed solid waste management 92
facility that is permitted or authorized by the de partment on 93
June 1, 2007. The county is not required to hold a hearing if 94
the county represents that it previously has held a hearing for 95
such purpose, or if the county represents that it previously has 96
held a public meeting or hearing that authorized such method for 97
the use or recycling of trash or other nonputrescible waste 98
materials and that such materials include those materials 99
described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 100
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provide written notice of its determination to the department by 101
no later than April 30, 2008; thereafter, the materials 102
described in s. 403.703(7) s. 403.703(6) shall be excluded from 103
the definition of "construction and demolition debris" in s. 104
403.703(7) s. 403.703(6) within the jurisdiction of such county. 105
The county may withdraw or revoke its determination at any time 106
by providing written notice to the department. 107
Section 4. This act shall take effect July 1, 2024. 108