Florida Senate - 2014                                     SB 830
       By Senator Bullard
       39-00482-14                                            2014830__
    1                        A bill to be entitled                      
    2         An act relating to carryout bags; amending s.
    3         403.7033, F.S.; providing legislative findings;
    4         deleting obsolete provisions; providing definitions;
    5         creating statewide standards for reusable bags and
    6         recyclable paper bags for stores located within a
    7         county or municipality that adopts ordinances pursuant
    8         to this act; requiring affected stores to charge
    9         customers a fee for each recyclable paper bag
   10         provided; prohibiting affected stores from providing
   11         plastic carryout bags or other types of bags;
   12         providing for allocation of fees collected; providing
   13         reporting requirements for affected stores;
   14         authorizing local governments to impose a penalty;
   15         authorizing local governments desiring to regulate the
   16         use of carryout bags to adopt ordinances pursuant to
   17         this act; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Section 403.7033, Florida Statutes, is amended
   22  to read:
   23         403.7033 Standards for carryout bags Departmental analysis
   24  of particular recyclable materials.—
   25         (1) LEGISLATIVE FINDINGS.—The Legislature finds that
   26  prudent regulation of recyclable materials is crucial to the
   27  ongoing welfare of Florida’s ecology and economy. The Department
   28  of Environmental Protection conducted an analysis to determine
   29  the need for new or different regulations of bags used by
   30  customers to carry products from retail establishments and found
   31  that the implementation of new standards requiring the
   32  prohibition of plastic carryout bags encourages the use of
   33  reusable bags. As such, the Legislature finds that it is
   34  necessary and appropriate to adopt uniform statewide standards
   35  prohibiting the use of plastic carryout bags, which may be
   36  adopted by local ordinance across the state the Department of
   37  Environmental Protection shall undertake an analysis of the need
   38  for new or different regulation of auxiliary containers,
   39  wrappings, or disposable plastic bags used by consumers to carry
   40  products from retail establishments. The analysis shall include
   41  input from state and local government agencies, stakeholders,
   42  private businesses, and citizens, and shall evaluate the
   43  efficacy and necessity of both statewide and local regulation of
   44  these materials. To ensure consistent and effective
   45  implementation, the department shall submit a report with
   46  conclusions and recommendations to the Legislature no later than
   47  February 1, 2010. Until such time that the Legislature adopts
   48  the recommendations of the department, no local government,
   49  local governmental agency, or state government agency may enact
   50  any rule, regulation, or ordinance regarding use, disposition,
   51  sale, prohibition, restriction, or tax of such auxiliary
   52  containers, wrappings, or disposable plastic bags.
   53         (2) DEFINITIONS.—As used in this section, the term:
   54         (a) “Affected store” means a retail establishment located
   55  within a jurisdiction of a local government that adopts
   56  standards relating to carryout bags and is:
   57         1. A full-line, self-service retail store that has gross
   58  annual sales of $2 million or more and sells canned goods, dry
   59  grocery items, nonfood items, or perishable items; or
   60         2. A drugstore, pharmacy, supermarket, grocery store,
   61  convenience store, or other entity of at least 10,000 square
   62  feet which engages in the retail sale of a limited line of
   63  goods, including milk, bread, soda, and snack foods.
   64         (b) “Carryout bag” means a bag provided to a customer at
   65  the point of sale for the purpose of carrying away goods.
   66         (c) “Local government” means a county or municipality.
   67         (d) “Plastic carryout bag” means a carryout bag made
   68  predominantly of plastic. The term does not include produce bags
   69  or reusable bags made of plastic.
   70         (e) “Postconsumer recycled material” means material that
   71  has completed its intended use or life cycle and typically would
   72  be disposed of as solid waste. The term does not include
   73  materials or byproducts generated from, or commonly reused in,
   74  an original manufacturing or fabrication process.
   75         (f) “Produce bag” means a plastic bag without handles used
   76  exclusively to carry produce, meats, or other food items inside
   77  a store to the point of sale or to prevent such food items from
   78  coming into direct contact with other purchased items.
   79         (g) “Recyclable paper bag” means a paper bag that:
   80         1. Contains no old-growth fiber;
   81         2. Is 100 percent recyclable and contains at least 40
   82  percent postconsumer recycled material;
   83         3. Is capable of composting, consistent with ASTM D6400,
   84  the standard specification for labeling of plastics designed to
   85  be aerobically composted in municipal or industrial facilities;
   86         4. Has printed on the bag the name of the manufacturer, the
   87  country in which the bag was manufactured, and the percentage of
   88  postconsumer recycled material used; and
   89         5. Visibly displays the word “recyclable” on the outside of
   90  the bag.
   91         (h) “Reusable bag” means a bag with handles which is
   92  specifically designed and manufactured for multiple reuse and
   93  which meets all of the following requirements:
   94         1. Can carry a minimum of 22 pounds 125 times, over a
   95  distance of at least 175 feet.
   96         2. Has a minimum volume of 15 liters.
   97         3. Is machine washable or can be cleaned or disinfected.
   98         4. Does not contain lead, cadmium, or any other heavy metal
   99  in toxic amounts as defined by applicable federal standards and
  100  regulations for packaging of reusable bags.
  101         5. Has printed on the bag, or on a tag permanently affixed
  102  to the bag, the name of the manufacturer; the country in which
  103  the bag was manufactured; a statement that the bag does not
  104  contain lead, cadmium, or any other heavy metal in toxic
  105  amounts; and the percentage of postconsumer recycled material
  106  used, if any.
  107         6. If made of plastic, is at least 2.25 mils thick.
  109         (a) An affected store shall provide reusable bags, at no
  110  cost or for a fee, to a customer for the purpose of carrying
  111  away goods or other items from the point of sale, subject to the
  112  terms of this section.
  113         (b) An affected store may provide recyclable paper bags to
  114  a customer for a fee of 10 cents for each recyclable paper bag
  115  purchased. The affected store may not rebate or otherwise
  116  reimburse any portion of the 10 cent charge and shall indicate
  117  on the customer receipt the number of recyclable paper bags
  118  provided and the total amount charged for the bags.
  119         (c) An affected store may not provide a customer with a
  120  plastic carryout bag or other type of bag.
  121         (d) This section does not prohibit a customer from using a
  122  bag of any type which he or she brings to the affected store or
  123  from carrying away goods that are not placed in a bag.
  124         (e) Fees collected under this subsection shall be used as
  125  follows:
  126         1. At least 50 percent of the fees shall be distributed to
  127  the school district in which the affected store is located, to
  128  be used solely for educational purposes; and
  129         2. Up to 50 percent of the fees may be retained by the
  130  affected store to offset the costs of complying with this
  131  section.
  132         (4) REPORTING.—An affected store shall report quarterly to
  133  the local government the total number of recyclable paper bags
  134  provided, the total amount of fees collected for providing
  135  recyclable paper bags, and a summary of any effort by the
  136  affected store in the prior quarter to promote customer use of
  137  reusable bags. Such reporting shall be done on a form prescribed
  138  by the local government and signed by a responsible agent or
  139  officer of the affected store confirming that the information
  140  provided on the form is accurate and complete. The report must
  141  be submitted within 30 days after the end of each of the
  142  following quarters:
  143         (a) January 1 through March 31.
  144         (b) April 1 through June 30.
  145         (c) July 1 through September 30.
  146         (d) October 1 through December 31.
  147         (5) PENALTY.—A local government may impose a penalty for
  148  violation of this section.
  149         (6) APPLICATION.—To ensure uniform statewide standards, a
  150  local government desiring to regulate the use of carryout bags
  151  may adopt ordinances relating to carryout bags only pursuant to
  152  this section.
  153         Section 2. This act shall take effect upon becoming a law.