Florida 2025 Regular Session

Florida House Bill H0565 Compare Versions

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

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3	3	HB 565 2025
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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 regulation of auxiliary containers; 2
16	16	amending s. 403.703, F.S.; defining the term 3
17	17	"auxiliary container"; amending s. 403.7033, F.S.; 4
18	18	removing obsolete provisions requiring the Department 5
19	19	of Environmental Protection to review and update a 6
20	20	specified report; prohibiting local regulation of 7
21	21	auxiliary containers; preempting such regulation to 8
22	22	the state; amending s. 403.707, F.S.; conforming 9
23	23	cross-references; providing an effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
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27	27	Section 1. Subsections (2) through (48) of section 14
28	28	403.703, Florida Statutes, are renumbered as sections (3) 15
29	29	through (49), respectively, present subse ction (35) of that 16
30	30	section is amended, and a new subsection (2) is added to that 17
31	31	section, to read: 18
32	32	403.703 Definitions. —As used in this part, the term: 19
33	33	(2) "Auxiliary container" means a reusable or single -use 20
34	34	bag, cup, bottle, can, or other packaging t hat meets both of the 21
35	35	following requirements: 22
36	36	(a) Is made of cloth; paper; plastic, including, but not 23
37	37	limited to, foamed plastic, expanded plastic, or polystyrene; 24
38	38	cardboard; corrugated material; molded fiber; aluminum; glass; 25
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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	postconsumer recycled mate rial; or similar material or 26
52	52	substrates, including coated, laminated, or multilayer 27
53	53	substrates. 28
54	54	(b) Is designed for transporting, consuming, or protecting 29
55	55	merchandise, food, or beverages from or at a public food service 30
56	56	establishment as defined in s. 509 .013(5), a food establishment 31
57	57	as defined in s. 500.03(1), or a retailer as defined in s. 32
58	58	212.02(13). 33
59	59	(36)(35) "Solid waste" means sludge unregulated under the 34
60	60	federal Clean Water Act or Clean Air Act, sludge from a waste 35
61	61	treatment works, water supply tre atment plant, or air pollution 36
62	62	control facility, or garbage, rubbish, refuse, special waste, or 37
63	63	other discarded material, including solid, liquid, semisolid, or 38
64	64	contained gaseous material resulting from domestic, industrial, 39
65	65	commercial, mining, agricultura l, or governmental operations. 40
66	66	Recovered materials as defined in subsection (29) (28) and post-41
67	67	use polymers as defined in subsection (25) (24) are not solid 42
68	68	waste. 43
69	69	Section 2. Section 403.7033, Florida Statutes, is amended 44
70	70	to read: 45
71	71	403.7033 Preemption of regulation for auxiliary containers 46
72	72	Departmental analysis of particular recyclable materials .—The 47
73	73	Legislature finds that prudent regulation of recyclable 48
74	74	materials is crucial to the ongoing welfare of Florida's ecology 49
75	75	and economy. As such, the Departm ent of Environmental Protection 50
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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	shall review and update its 2010 report on retail bags analyzing 51
89	89	the need for new or different regulation of auxiliary 52
90	90	containers, wrappings, or disposable plastic bags used by 53
91	91	consumers to carry products from retail establi shments. The 54
92	92	updated report must include input from state and local 55
93	93	government agencies, stakeholders, private businesses, and 56
94	94	citizens and must evaluate the efficacy and necessity of both 57
95	95	statewide and local regulation of these materials. To ensure 58
96	96	consistent and effective implementation, the department shall 59
97	97	submit the updated report with conclusions and recommendations 60
98	98	to the Legislature no later than December 31, 2021. Until such 61
99	99	time that the Legislature adopts the recommendations of the 62
100	100	department, A local government, local governmental agency, or 63
101	101	state governmental agency may not enact any rule, regulation, or 64
102	102	ordinance regarding use, disposition, sale, prohibition, 65
103	103	restriction, or tax of such auxiliary containers . The regulation 66
104	104	of auxiliary containe rs is expressly preempted to the state , 67
105	105	wrappings, or disposable plastic bags . 68
106	106	Section 3. Paragraph (j) of subsection (9) of section 69
107	107	403.707, Florida Statutes, is amended to read: 70
108	108	403.707 Permits.— 71
109	109	(9) The department shall establish a separate cate gory for 72
110	110	solid waste management facilities that accept only construction 73
111	111	and demolition debris for disposal or recycling. The department 74
112	112	shall establish a reasonable schedule for existing facilities to 75
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121	121	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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125	125	comply with this section to avoid undue hardship to su ch 76
126	126	facilities. However, a permitted solid waste disposal unit that 77
127	127	receives a significant amount of waste prior to the compliance 78
128	128	deadline established in this schedule shall not be required to 79
129	129	be retrofitted with liners or leachate control systems. 80
130	130	(j) The Legislature recognizes that recycling, waste 81
131	131	reduction, and resource recovery are important aspects of an 82
132	132	integrated solid waste management program and as such are 83
133	133	necessary to protect the public health and the environment. If 84
134	134	necessary to promote such an integrated program, the county may 85
135	135	determine, after providing notice and an opportunity for a 86
136	136	hearing prior to April 30, 2008, that some or all of the 87
137	137	material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 88
138	138	excluded from the definition of "cons truction and demolition 89
139	139	debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction 90
140	140	of such county. The county may make such a determination only if 91
141	141	it finds that, prior to June 1, 2007, the county has established 92
142	142	an adequate method for the use or recyc ling of such wood 93
143	143	material at an existing or proposed solid waste management 94
144	144	facility that is permitted or authorized by the department on 95
145	145	June 1, 2007. The county is not required to hold a hearing if 96
146	146	the county represents that it previously has held a hea ring for 97
147	147	such purpose, or if the county represents that it previously has 98
148	148	held a public meeting or hearing that authorized such method for 99
149	149	the use or recycling of trash or other nonputrescible waste 100
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158	158	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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162	162	materials and that such materials include those materials 101
163	163	described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 102
164	164	provide written notice of its determination to the department by 103
165	165	no later than April 30, 2008; thereafter, the materials 104
166	166	described in s. 403.703(7) s. 403.703(6) shall be excluded from 105
167	167	the definition of "construction and demolition debris" in s. 106
168	168	403.703(7) s. 403.703(6) within the jurisdiction of such county. 107
169	169	The county may withdraw or revoke its determination at any time 108
170	170	by providing written notice to the department. 109
171	171	Section 4. This act shall take effect July 1, 2025. 110