Senate Bill 320 (2022) — Preemption of recyclable and polystyrene materials
SB 320
Florida Bills
Florida Senate - 2022 SB By Senator Stewart 13-00253-22 2022320__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to the preemption of recyclable and polystyrene materials; amending s. 403.7033, F.S.; 3 removing the preemption of local laws regarding the regulation of auxiliary containers, wrappings, or disposable plastic bags; amending s. 500.90, F.S.; 6 removing the preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services; providing an effective date. 10
Be It Enacted by the Legislature of the State of Florida: 12
Section
Section 403.7033, Florida Statutes, is amended to read: 15 403.7033 Departmental analysis of particular recyclable materials.—The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida’s ecology and economy. As such, the Department of Environmental Protection shall review and update its report on retail bags analyzing the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments.
The updated report must include input from state and local government agencies, stakeholders, private businesses, 25 and citizens and must evaluate the efficacy and necessity of both statewide and local regulation of these materials. To ensure consistent and effective implementation, the department shall submit the updated report with conclusions and Florida Senate - 2022 SB 320 13-00253-22 2022320__ CODING: Words stricken are deletions; words underlined are additions. recommendations to the Legislature no later than December 31, 30 2021.
Until such time that the Legislature adopts the recommendations of the department, a local government, local governmental agency, or state governmental agency may not enact any rule, regulation, or ordinance regarding use, disposition, 34 sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags. 36
Section
Section 500.90, Florida Statutes, is amended to read: 38 500.90 Regulation of polystyrene products preempted to department.—The regulation of the use or sale of polystyrene products by entities regulated under this
chapter is preempted to the department. This preemption does not apply to local ordinances or provisions thereof enacted before January 1, 2016, 43 and does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services, unless such use is otherwise preempted by law. 49