Senate Bill 766 (2026) — Waste management
SB 766
Florida Bills
Florida Senate - 2026 SB 766 By Senator Martin 33-00501-26 2026766__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to waste management; amending s. 2 403.703, F.S.; defining the term “auxiliary 3 container”; conforming a cross-reference; amending s. 4 403.7033, F.S.; deleting obsolete provisions that 5 provide legislative findings and require the 6 Department of Environmental Protection to review and 7 update a specified report; preempting the regulation 8 of auxiliary containers to the state; permitting 9 rules, regulations, or ordinances restricting the use 10 of glass auxiliary containers within the boundaries of 11 a public beach; authorizing the Division of Recreation 12 and Parks to regulate auxiliary containers within 13 state parks; specifying that certain local ordinances 14 and restrictions are permitted; amending s. 403.707, 15 F.S.; conforming cross-references; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20
Section 1. Present subsections (2) through (48) of
section 21 403.703, Florida Statutes, are redesignated as subsections (3) 22 through (49), respectively, a new subsection (2) is added to 23 that section, and present subsection (35) of that
section is 24 amended, to read: 25 403.703
Definitions.—As used in this part, the term: 26 (2) “Auxiliary container” means a reusable or single-use 27 bag, cup, bottle, can, or other packaging that meets both of the 28 following requirements: 29
Florida Senate - 2026 SB 766 33-00501-26 2026766__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. (
a) Is made of cloth; paper; plastic, including, but not 30 limited to, foamed plastic, expanded plastic, or polystyrene; 31 cardboard or corrugated material; molded fiber; aluminum; glass; 32 postconsumer recycled material; or similar material or 33 substrates, including coated, laminated, or multilayer 34 substrates. 35 (
b) Is designed for transporting, consuming, or protecting 36 merchandise, food, or beverages from or at a public food service 37 establishment as defined in s. 509.013(5), a food establishment 38 as defined in s. 500.03(1), or a retailer as defined in s. 39 212.02(13). 40 (36)(35) “Solid waste” means sludge unregulated under the 41 federal Clean Water Act or Clean Air Act, sludge from a waste 42 treatment works, water supply treatment plant, or air pollution 43 control facility, or garbage, rubbish, refuse, special waste, or 44 other discarded material, including solid, liquid, semisolid, or 45 contained gaseous material resulting from domestic, industrial, 46 commercial, mining, agricultural, or governmental operations. 47 Recovered materials as defined in subsection (29) (28) and post-48 use polymers as defined in subsection (25) (24) are not solid 49 waste. 50
Section
Section 403.7033, Florida Statutes, is amended 51 to read: 52 403.7033 Regulation of auxiliary containers Departmental 53 analysis of particular recyclable materials.—The Legislature 54 finds that prudent regulation of recyclable materials is crucial 55 to the ongoing welfare of Florida’s ecology and economy. As 56 such, the Department of Environmental Protection shall review 57 and update its 2010 report on retail bags analyzing the need for 58
Florida Senate - 2026 SB 766 33-00501-26 2026766__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. new or different regulation of auxiliary containers, wrappings, 59 or disposable plastic bags used by consumers to carry products 60 from retail establishments. The updated report must include 61 input from state and local government agencies, stakeholders, 62 private businesses, and citizens and must evaluate the efficacy 63 and necessity of both statewide and local regulation of these 64 materials.
To ensure consistent and effective implementation, 65 the department shall submit the updated report with conclusions 66 and recommendations to the Legislature no later than December 67 31, 2021. Until such time that the Legislature adopts the 68 recommendations of the department, 69
(1) Except as provided in s. 500.90, the regulation of 70 auxiliary containers is expressly preempted to the state. A 71 local government, local governmental agency, or state 72 governmental agency may not enact or enforce any rule, 73 regulation, or ordinance regarding the use, disposition, sale, 74 prohibition, restriction, or tax of such auxiliary containers 75 unless explicitly permitted by law. 76
(2) Rules, regulations, or ordinances restricting the use 77 of glass auxiliary containers within the boundaries of any 78 public beach are explicitly permitted. 79
(3) The Division of Recreation and Parks of the Department 80 of Environmental Protection may regulate auxiliary containers 81 within state parks consistent with its grant of authority in s. 82 258.004, wrappings, or disposable plastic bags. 83
(4) Local ordinances and restrictions authorized under s. 84 500.90 are permitted. 85
Section 3. Paragraph (
j) of subsection (9) of
section 86 403.707, Florida Statutes, is amended to read: 87
Florida Senate - 2026 SB 766 33-00501-26 2026766__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. 403.707 Permits.— 88
(9) The department shall establish a separate category for 89 solid waste management facilities that accept only construction 90 and demolition debris for disposal or recycling. The department 91 shall establish a reasonable
schedule for existing facilities to 92 comply with this
section to avoid undue hardship to such 93 facilities. However, a permitted solid waste disposal unit that 94 receives a significant amount of waste prior to the compliance 95 deadline established in this
schedule shall not be required to 96 be retrofitted with liners or leachate control systems. 97 (
j) The Legislature recognizes that recycling, waste 98 reduction, and resource recovery are important aspects of an 99 integrated solid waste management program and as such are 100 necessary to protect the public health and the environment. If 101 necessary to promote such an integrated program, the county may 102 determine, after providing notice and an opportunity for a 103 hearing prior to April 30, 2008, that some or all of the 104 material described in s. 403.703(7)(
b) must s. 403.703(6)(b) 105 shall be excluded from the definition of “construction and 106 demolition debris” in s. 403.703(7) s. 403.703(6) within the 107 jurisdiction of such county. The county may make such a 108 determination only if it finds that, prior to June 1, 2007, the 109 county has established an adequate method for the use or 110 recycling of such wood material at an existing or proposed solid 111 waste management facility that is permitted or authorized by the 112 department on June 1, 2007.
The county is not required to hold a 113 hearing if the county represents that it previously has held a 114 hearing for such purpose, or if the county represents that it 115 previously has held a public meeting or hearing that authorized 116
Florida Senate - 2026 SB 766 33-00501-26 2026766__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. such method for the use or recycling of trash or other 117 nonputrescible waste materials and that such materials include 118 those materials described in s. 403.703(7)(
b) s. 403.703(6)(b). 119 The county shall provide written notice of its determination to 120 the department by no later than April 30, 2008; thereafter, the 121 materials described in s. 403.703(7) are s. 403.703(6) shall be 122 excluded from the definition of “construction and demolition 123 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction 124 of such county. The county may withdraw or revoke its 125 determination at any time by providing written notice to the 126 department. 127