Florida Senate - 2015 SB 966 By Senator Bullard 39-00151A-15 2015966__ 1 A bill to be entitled 2 An act relating to disposable plastic bags; creating 3 s. 403.70325, F.S.; authorizing certain municipalities 4 to establish pilot programs for the regulation or ban 5 of disposable plastic bags; providing program 6 criteria; providing for expiration of the program; 7 directing participating municipalities to collect data 8 and submit reports to the municipal governing body and 9 the Department of Environmental Protection; 10 authorizing municipalities to continue such regulation 11 or ban after the program expires under certain 12 conditions; republishing s. 403.7033, F.S.; providing 13 an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 403.70325, Florida Statutes, is created 18 to read: 19 403.70325 Municipal pilot program for regulation or ban of 20 disposable plastic bags.— 21 (1) Notwithstanding s. 403.7033, a municipality with a 22 population of fewer than 100,000 may establish a pilot program 23 to regulate or ban disposable plastic bags. A municipality 24 establishing a pilot program shall, by December 31, 2015, enact 25 an ordinance for the regulation or ban of disposable plastic 26 bags that begins January 1, 2016, and expires June 30, 2018. 27 Such ordinance may not include any new taxes or fees on the use 28 or distribution of disposable plastic bags. 29 (2) A municipality that establishes a pilot program shall: 30 (a) Collect data pertaining to the impact of such 31 regulation or ban. 32 (b) By April 1, 2018, submit a report on the impact of such 33 regulation or ban to the governing body of the municipality at a 34 public hearing that is open to comments from the public. 35 (c) Provide a copy of the report to the department. 36 (3) A municipality may continue to regulate or ban 37 disposable plastic bags after June 30, 2018, if the municipality 38 enacts an ordinance after April 1, 2018, indicating that the 39 municipality will continue the regulation or ban of plastic 40 bags, notwithstanding s. 403.7033. 41 Section 2. Section 403.7033, Florida Statutes, is 42 republished to read: 43 403.7033 Departmental analysis of particular recyclable 44 materials.—The Legislature finds that prudent regulation of 45 recyclable materials is crucial to the ongoing welfare of 46 Florida’s ecology and economy. As such, the Department of 47 Environmental Protection shall undertake an analysis of the need 48 for new or different regulation of auxiliary containers, 49 wrappings, or disposable plastic bags used by consumers to carry 50 products from retail establishments. The analysis shall include 51 input from state and local government agencies, stakeholders, 52 private businesses, and citizens, and shall evaluate the 53 efficacy and necessity of both statewide and local regulation of 54 these materials. To ensure consistent and effective 55 implementation, the department shall submit a report with 56 conclusions and recommendations to the Legislature no later than 57 February 1, 2010. Until such time that the Legislature adopts 58 the recommendations of the department, no local government, 59 local governmental agency, or state government agency may enact 60 any rule, regulation, or ordinance regarding use, disposition, 61 sale, prohibition, restriction, or tax of such auxiliary 62 containers, wrappings, or disposable plastic bags. 63 Section 3. This act shall take effect upon becoming a law.