Florida Senate - 2021 SB 594 By Senator Stewart 13-00130-21 2021594__ 1 A bill to be entitled 2 An act relating to the preemption of recyclable and 3 polystyrene materials; amending s. 403.7033, F.S.; 4 deleting obsolete language; deleting preemptions of 5 local law relating to the regulation of auxiliary 6 containers, wrappings, or disposable plastic bags; 7 amending s. 500.90, F.S.; repealing the preemption of 8 local laws regarding the use or sale of polystyrene 9 products to the Department of Agriculture and Consumer 10 Services; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 403.7033, Florida Statutes, is amended 15 to read: 16 403.7033 Departmental analysis of particular recyclable 17 materials.—The Legislature finds that prudent regulation of 18 recyclable materials is crucial to the ongoing welfare of 19 Florida’s ecology and economy. As such, the Department of 20 Environmental Protection shall undertake an analysis of the need 21 for new or different regulation of auxiliary containers, 22 wrappings, or disposable plastic bags used by consumers to carry 23 products from retail establishments. The analysis shall include 24 input from state and local government agencies, stakeholders, 25 private businesses, and citizens, and shall evaluate the 26 efficacy and necessity of both statewide and local regulation of 27 these materials.
To ensure consistent and effective28 implementation, the department shall submit a report with29 conclusions and recommendations to the Legislature no later than30 February 1, 2010. Until such time that the Legislature adopts31 the recommendations of the department, no local government,32 local governmental agency, or state government agency may enact33 any rule, regulation, or ordinance regarding use, disposition,34 sale, prohibition, restriction, or tax of such auxiliary35 containers, wrappings, or disposable plastic bags.36 Section 2. Section 500.90, Florida Statutes, is amended to 37 read: 38 500.90 Regulation of polystyrene products preempted to39 department.—The regulation of the use or sale of polystyrene40 products by entities regulated under this chapter is preempted41 to the department. This preemption does not apply to local42 ordinances or provisions thereof enacted before January 1, 2016,43 and does not limit the authority of a local government to44 restrict the use of polystyrene by individuals on public45 property, temporary vendors on public property, or entities46 engaged in a contractual relationship with the local government47 for the provision of goods or services, unless such use is48 otherwise preempted by law.49 Section 3. This act shall take effect July 1, 2021.