HB 565 2025
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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, can, or other packaging t hat meets 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; corrugated material; molded fiber; aluminum; glass; 25
HB 565 2025
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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 mate rial; 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 public food service 30
establishment as defined in s. 509 .013(5), a food establishment 31
as defined in s. 500.03(1), or a retailer as defined in s. 32
212.02(13). 33
(36)(35) "Solid waste" means sludge unregulated under the 34
federal Clean Water Act or Clean Air Act, sludge from a waste 35
treatment works, water supply tre atment plant, or air pollution 36
control facility, or garbage, rubbish, refuse, special waste, or 37
other discarded material, including solid, liquid, semisolid, or 38
contained gaseous material resulting from domestic, industrial, 39
commercial, mining, agricultura l, or governmental operations. 40
Recovered materials as defined in subsection (29) (28) and post-41
use polymers as defined in subsection (25) (24) are not solid 42
waste. 43
Section 2. Section 403.7033, Florida Statutes, is amended 44
to read: 45
403.7033 Preemption of regulation for auxiliary containers 46
Departmental analysis of particular recyclable materials .—The 47
Legislature finds that prudent regulation of recyclable 48
materials is crucial to the ongoing welfare of Florida's ecology 49
and economy. As such, the Departm ent of Environmental Protection 50
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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
shall review and update its 2010 report on retail bags analyzing 51
the need for new or different regulation of auxiliary 52
containers, wrappings, or disposable plastic bags used by 53
consumers to carry products from retail establi shments. The 54
updated report must include input from state and local 55
government agencies, stakeholders, private businesses, and 56
citizens and must evaluate the efficacy and necessity of both 57
statewide and local regulation of these materials. To ensure 58
consistent and effective implementation, the department shall 59
submit the updated report with conclusions and recommendations 60
to the Legislature no later than December 31, 2021. Until such 61
time that the Legislature adopts the recommendations of the 62
department, A local government, local governmental agency, or 63
state governmental agency may not enact any rule, regulation, or 64
ordinance regarding use, disposition, sale, prohibition, 65
restriction, or tax of such auxiliary containers . The regulation 66
of auxiliary containe rs is expressly preempted to the state , 67
wrappings, or disposable plastic bags . 68
Section 3. Paragraph (j) of subsection (9) of section 69
403.707, Florida Statutes, is amended to read: 70
403.707 Permits.— 71
(9) The department shall establish a separate cate gory for 72
solid waste management facilities that accept only construction 73
and demolition debris for disposal or recycling. The department 74
shall establish a reasonable schedule for existing facilities to 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
comply with this section to avoid undue hardship to su ch 76
facilities. However, a permitted solid waste disposal unit that 77
receives a significant amount of waste prior to the compliance 78
deadline established in this schedule shall not be required to 79
be retrofitted with liners or leachate control systems. 80
(j) The Legislature recognizes that recycling, waste 81
reduction, and resource recovery are important aspects of an 82
integrated solid waste management program and as such are 83
necessary to protect the public health and the environment. If 84
necessary to promote such an integrated program, the county may 85
determine, after providing notice and an opportunity for a 86
hearing prior to April 30, 2008, that some or all of the 87
material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 88
excluded from the definition of "cons truction and demolition 89
debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction 90
of such county. The county may make such a determination only if 91
it finds that, prior to June 1, 2007, the county has established 92
an adequate method for the use or recyc ling of such wood 93
material at an existing or proposed solid waste management 94
facility that is permitted or authorized by the department on 95
June 1, 2007. The county is not required to hold a hearing if 96
the county represents that it previously has held a hea ring for 97
such purpose, or if the county represents that it previously has 98
held a public meeting or hearing that authorized such method for 99
the use or recycling of trash or other nonputrescible waste 100
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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
materials and that such materials include those materials 101
described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 102
provide written notice of its determination to the department by 103
no later than April 30, 2008; thereafter, the materials 104
described in s. 403.703(7) s. 403.703(6) shall be excluded from 105
the definition of "construction and demolition debris" in s. 106
403.703(7) s. 403.703(6) within the jurisdiction of such county. 107
The county may withdraw or revoke its determination at any time 108
by providing written notice to the department. 109
Section 4. This act shall take effect July 1, 2025. 110