Senate Bill 240 (2026) — Auxiliary containers
SB 240
Florida Bills
Florida Senate - 2026 SB 240 By Senator Garcia 36-00416-26 2026240__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to auxiliary containers; amending s. 2 403.703, F.S.; defining the terms “auxiliary 3 container” and “single-use”; amending s. 403.7033, 4 F.S.; preempting the regulation of auxiliary 5 containers to the state; providing exceptions; 6 requiring the Department of Environmental Protection 7 to develop a uniform ordinance for the use and 8 disposition of single-use, nonrecyclable auxiliary 9 containers; providing requirements for the development 10 of such ordinance; prohibiting the sale or 11 distribution of certain single-use auxiliary 12 containers on lands managed by the Division of 13 Recreation and Parks of the Department of 14 Environmental Protection; requiring the department to 15 develop and make available on its website a statewide 16 Marine Debris Reduction Plan; providing requirements 17 for such plan; repealing s. 500.90, F.S., relating to 18 the regulation of polystyrene products preempted to 19 the Department of Agriculture and Consumer Services; 20 amending s. 403.707, F.S.; conforming cross-21 references; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25
Section 1. Present subsections (2) through (33) and (34) 26 through (48) of
section 403.703, Florida Statutes, are 27 redesignated as subsections (3) though (34) and (36) through 28 (50), respectively, new subsections (2) and (35) are added to 29
Florida Senate - 2026 SB 240 36-00416-26 2026240__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. that section, and present subsection (35) of that
section is 30 amended, to read: 31 403.703
Definitions.—As used in this part, the term: 32 (2) “Auxiliary container” means a bag, cup, bottle, can, or 33 other packaging that meets both of the following requirements: 34 (
a) Is made of cloth; paper; plastic, including, but not 35 limited to, foamed plastic, expanded plastic, or polystyrene; 36 cardboard and other corrugated material; molded fiber; aluminum; 37 glass; postconsumer recycled material; or similar material or 38 substrates, including coated, laminated, or multilayer 39 substrates. 40 (
b) Is designed for transporting, consuming, or protecting 41 merchandise, food, or beverages from or at a public food service 42 establishment as defined in s. 509.013(5), a food establishment 43 as defined in s. 500.03, or a retailer as defined in s. 44 212.02(13). 45 (35) “Single-use” means designed to be used once and then 46 discarded and not designed for repeated use and sanitizing. 47 (37)(35) “Solid waste” means sludge unregulated under the 48 federal Clean Water Act or Clean Air Act, sludge from a waste 49 treatment works, water supply treatment plant, or air pollution 50 control facility, or garbage, rubbish, refuse, special waste, or 51 other discarded material, including solid, liquid, semisolid, or 52 contained gaseous material resulting from domestic, industrial, 53 commercial, mining, agricultural, or governmental operations. 54 Recovered materials as defined in subsection (29) subsection 55 (28) and post-use polymers as defined in subsection (25) 56 subsection (24) are not solid waste. 57
Section
Section 403.7033, Florida Statutes, is amended 58
Florida Senate - 2026 SB 240 36-00416-26 2026240__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. to read: 59 403.7033 Regulation of auxiliary containers Departmental 60 analysis of particular recyclable materials.—The Legislature 61 finds that prudent regulation of recyclable materials is crucial 62 to the ongoing welfare of Florida’s ecology and economy.
As 63 such, the Department of Environmental Protection shall review 64 and update its 2010 report on retail bags analyzing the need for 65 new or different regulation of auxiliary containers, wrappings, 66 or disposable plastic bags used by consumers to carry products 67 from retail establishments. The updated report must include 68 input from state and local government agencies, stakeholders, 69 private businesses, and citizens and must evaluate the efficacy 70 and necessity of both statewide and local regulation of these 71 materials.
To ensure consistent and effective implementation, 72 the department shall submit the updated report with conclusions 73 and recommendations to the Legislature no later than December 74 31, 2021. Until such time that the Legislature adopts the 75 recommendations of the department, 76
(1) PREEMPTION OF THE REGULATION OF AUXILIARY CONTAINERS.—A 77 local government or, local governmental agency, or state 78 governmental agency may not enact any rule, regulation, or 79 ordinance regarding the use, disposition, sale, prohibition, 80 restriction, or tax of such auxiliary containers which is 81 inconsistent with this section, wrappings, or disposable plastic 82 bags. This subsection does not apply to rules, regulations, or 83 ordinances that do any of the following: 84 (
a) Restrict the use of glass auxiliary containers within 85 the boundaries of any public property. 86 (
b) Restrict the use, sale, or distribution of auxiliary 87
Florida Senate - 2026 SB 240 36-00416-26 2026240__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. containers enacted before January 1, 2026. 88 (
c) Restrict the use, sale, or distribution of single-use 89 plastic auxiliary containers within the boundaries of any public 90 property. 91
(2) CREATION OF A UNIFORM ORDINANCE FOR AUXILIARY 92 CONTAINERS.—The department shall develop a uniform ordinance for 93 the use and disposal of single-use, nonrecyclable auxiliary 94 containers which may be adopted and enforced by local 95 governments. 96 (
a) In developing the uniform ordinance, the department 97 shall collaborate with a broad range of stakeholders, including 98 local governments, environmental groups, businesses, and other 99 interested parties, to encourage cooperation and consensus 100 building. 101 (
b) In developing the uniform ordinance, the department 102 shall hold at least three public workshops with such 103 stakeholders described in paragraph (a). The department shall 104 allow public participation in person and through communications 105 media technology. The department shall hold workshops in 106 different regions of this state to maximize public 107 participation. 108 (
c) In developing the uniform ordinance, the department 109 shall advance measures in furtherance of the following: 110 1. Limiting the distribution and use of single-use, 111 nonrecyclable auxiliary containers through bans, fees, or 112 deposit systems. 113 2. Promoting the use of recyclable or compostable auxiliary 114 containers and encouraging businesses to offer voluntary 115 incentives for customers to bring reusable auxiliary containers. 116
Florida Senate - 2026 SB 240 36-00416-26 2026240__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. 3. Establishing waste reduction and collection programs for 117 single-use auxiliary containers. 118 4. Creating enforcement mechanisms, including penalties, 119 for businesses that do not comply with auxiliary container 120 regulations. 121 (
d) The department shall begin engaging with stakeholders 122 through workshops and solicitation no later than October 1, 123 2026, and finalize the uniform ordinance by October 1, 2027. 124
(3) SINGLE-USE AUXILIARY CONTAINERS ON STATE LAND.—Within 125 any lands managed by the Division of Recreation and Parks of the 126 Department of Environmental Protection: 127 (
a) The sale or distribution of single-use plastic 128 auxiliary containers is prohibited. 129 (
b) The use, sale, or distribution of single-use auxiliary 130 containers that contain polystyrene foam is prohibited. 131
(4) STATEWIDE MARINE DEBRIS REDUCTION PLAN.—By December 31, 132 2026, the department shall develop and make available on its 133 website a statewide Marine Debris Reduction Plan. At a minimum, 134 the plan must include all of the following: 135 (
a) Recommendations for data collection and reporting 136 protocols. 137 (
b) Identification of key infrastructure or policy gaps 138 regarding persistent litter into marine and coastal 139 environments. 140 (
c) Strategies for reducing the generation and discharge of 141 plastics, polystyrene, and other persistent litter into marine 142 and coastal environments. 143 (
d) A proposed funding and implementation framework. 144 (
e) Recommendations for a competitive grant program to 145
Florida Senate - 2026 SB 240 36-00416-26 2026240__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. provide financial assistance to local governments and nonprofits 146 to reduce marine debris. 147
Section
Section 500.90, Florida Statutes, is repealed. 148
Section 4. Paragraph (
j) of subsection (9) of
section 149 403.707, Florida Statutes, is amended to read: 150 403.707 Permits.— 151
(9) The department shall establish a separate category for 152 solid waste management facilities that accept only construction 153 and demolition debris for disposal or recycling. The department 154 shall establish a reasonable
schedule for existing facilities to 155 comply with this
section to avoid undue hardship to such 156 facilities. However, a permitted solid waste disposal unit that 157 receives a significant amount of waste prior to the compliance 158 deadline established in this
schedule shall not be required to 159 be retrofitted with liners or leachate control systems. 160 (
j) The Legislature recognizes that recycling, waste 161 reduction, and resource recovery are important aspects of an 162 integrated solid waste management program and as such are 163 necessary to protect the public health and the environment. If 164 necessary to promote such an integrated program, the county may 165 determine, after providing notice and an opportunity for a 166 hearing prior to April 30, 2008, that some or all of the 167 material described in s. 403.703(7)(
b) s. 403.703(6)(
b) shall be 168 excluded from the definition of “construction and demolition 169 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction 170 of such county. The county may make such a determination only if 171 it finds that, prior to June 1, 2007, the county has established 172 an adequate method for the use or recycling of such wood 173 material at an existing or proposed solid waste management 174
Florida Senate - 2026 SB 240 36-00416-26 2026240__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. facility that is permitted or authorized by the department on 175 June 1, 2007. The county is not required to hold a hearing if 176 the county represents that it previously has held a hearing for 177 such purpose, or if the county represents that it previously has 178 held a public meeting or hearing that authorized such method for 179 the use or recycling of trash or other nonputrescible waste 180 materials and that such materials include those materials 181 described in s. 403.703(7)(
b) s. 403.703(6)(b). The county shall 182 provide written notice of its determination to the department by 183 no later than April 30, 2008; thereafter, the materials 184 described in s. 403.703(7) s. 403.703(6) shall be excluded from 185 the definition of “construction and demolition debris” in s. 186 403.703(7) s. 403.703(6) within the jurisdiction of such county. 187 The county may withdraw or revoke its determination at any time 188 by providing written notice to the department. 189