Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 588
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2019           .                                

       The Committee on Commerce and Tourism (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 403.7034, Florida Statutes, is created
    6  to read:
    7         403.7034 Local regulation of single-use plastic straws;
    8  moratorium; environmental impact study; penalties.—
    9         (1) Before July 1, 2024, a county, a municipality, or
   10  another entity of local government may not adopt or enforce an
   11  ordinance or other local regulation relating to single-use
   12  plastic straws.
   13         (2) In the interim, the department, or an entity designated
   14  by the department, shall conduct a study to evaluate the
   15  environmental impact of single-use plastic straws. A designated
   16  entity must be competent, knowledgeable, and unbiased regarding
   17  environmental impact studies.
   18         (3) The environmental impact study must focus on scientific
   19  data regarding the environmental impact of single-use plastic
   20  straws and the potential impact on the environment of this state
   21  of a reduction in the number of, or a prohibition on the use of,
   22  single-use plastic straws. The study may consider single-use
   23  plastic straw regulations adopted in other jurisdictions in the
   24  United States and the actual effectiveness of such regulations
   25  in those jurisdictions in terms of environmental impact. The
   26  study must also consider the usefulness and environmental impact
   27  of potential alternatives to single-use plastic straws and the
   28  potential impact of reducing or eliminating single-use plastic
   29  straws on the quality of life of persons with disabilities who
   30  may rely on single-use plastic straws for feeding and hydration.
   31         (4) The department shall report the results of the
   32  environmental impact study to the Legislature by January 1,
   33  2024. If, upon evaluating the results of the study, the
   34  Legislature does not enact a general law specifying a statewide
   35  policy regarding single-use plastic straws or a law preempting
   36  local regulation of single-use plastic straws, the moratorium on
   37  local regulation and enforcement under this section is lifted,
   38  effective July 1, 2024.
   39         (5) An attempt by a county, a municipality, or another
   40  entity of local government to adopt or enforce single-use
   41  plastic straw regulations before July 1, 2024, is a violation of
   42  this chapter and shall result in a fine to the offending local
   43  governmental entity in the amount of $25,000. Further, the
   44  offending local government entity is responsible for the
   45  attorney fees and costs of any party filing and prevailing in a
   46  civil action to enforce the terms of the moratorium.
   47         Section 2. Subsection (7) is added to section 499.002,
   48  Florida Statutes, to read:
   49         499.002 Purpose, administration, and enforcement of and
   50  exemption from this part.—
   51         (7) Notwithstanding any other law or local ordinance to the
   52  contrary, the regulation of over-the-counter proprietary drugs
   53  and cosmetics is preempted to the state to be uniformly
   54  administered.
   55         Section 3. This act shall take effect July 1, 2019.
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to preemption of local regulations;
   63         creating s. 403.7034, F.S.; prohibiting local
   64         governmental entities from adopting or enforcing local
   65         ordinances or regulations relating to single-use
   66         plastic straws before a specified date; requiring the
   67         Department of Environmental Protection, or an entity
   68         designated by the department, to conduct a study
   69         evaluating the environmental impact of single-use
   70         plastic straws; providing qualifications for the
   71         designated entity; specifying requirements for the
   72         environmental impact study; requiring the department
   73         to submit a report on the environmental impact study
   74         results to the Legislature by a specified date;
   75         providing that, under certain circumstances, the
   76         moratorium on local regulation is lifted by a
   77         specified date; providing penalties for violations of
   78         the moratorium by a local governmental entity;
   79         amending s. 499.002, F.S.; preempting the regulation
   80         of over-the-counter proprietary drugs or cosmetics to
   81         the state; providing an effective date.
   83         WHEREAS, single-use plastic straws comprise less than 1
   84  percent of waste and litter, and
   85         WHEREAS, alternatives to single-use plastic straws may have
   86  equivalent environmental drawbacks or have reduced utility in
   87  certain beverage types, and
   88         WHEREAS, reducing the availability of single-use plastic
   89  straws may negatively impact persons with disabilities who
   90  require single-use plastic straws for feeding and hydration, and
   91         WHEREAS, businesses should be free to decide the best
   92  manner in which to serve their customers, free from unnecessary
   93  governmental intrusion or regulation, and
   94         WHEREAS, the prudent deliberation regarding materials usage
   95  and the development of policy based on sound research and
   96  science will result in better long-term solutions for this
   97  state, NOW, THEREFORE,