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The Florida Senate

CS/CS/HB 771 — Environmental Regulation

by State Affairs Committee; Local, Federal and Veterans Affairs Subcommittee; and Rep. Overdorf and others (CS/SB 816 by Environment and Natural Resources and Senator Perry)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Environment and Natural Resources Committee (EN)

The bill requires local governments to address the contamination of recyclable material in contracts for the collection, transportation, and processing of residential recyclable material. The bill applies to contracts between a local government and a residential recycling collector or recovered materials processing facility that are executed or renewed after October 1, 2019. Such contracts are required to define the term “contaminated recyclable material” based on certain factors. The bill specifies topics that must be addressed in local governments’ contracts with residential recycling collectors or recovered materials processing facilities.

The bill prohibits local governments from requiring a person claiming certain exceptions from environmental permitting requirements to provide further verification from the Department of Environmental Protection. The bill also changes the specific requirements for the replacement or repair of a dock or pier that is exempt from permitting requirements.

The bill creates a moratorium, expiring July 1, 2024, prohibiting local governments from adopting or enforcing an ordinance or other local regulation relating to single-use plastic straws. The Office of Program Policy Analysis and Government Accountability is required to conduct a study of each ordinance or regulation adopted by local governments in Florida that restricts or prohibits the use of single-use plastic straws and submit a report on its findings to the President of the Senate and the Speaker of the House of Representatives no later than December 1, 2019.

If approved by the Governor, these provisions take effect July 1, 2019.

Vote: Senate 24-15; House 87-23