Florida Senate - 2021                              CS for SB 694
       By the Committee on Community Affairs; and Senators Rodrigues
       and Perry
       578-03606-21                                           2021694c1
    1                        A bill to be entitled                      
    2         An act relating to waste management; amending s.
    3         403.7033, F.S.; requiring the Department of
    4         Environmental Protection to review and update its
    5         report on retail bags and submit the updated report to
    6         the Legislature by a specified date; amending s.
    7         403.70605, F.S.; requiring a local government to pay a
    8         specified amount of compensation to a displaced
    9         private waste company at the end of a specified notice
   10         period; removing a provision authorizing a local
   11         government to pay a specified amount of compensation
   12         to a private waste company as an alternative to
   13         delaying displacement for a specified period; removing
   14         a provision authorizing a local government and private
   15         waste company to negotiate such compensation and
   16         notice; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 403.7033, Florida Statutes, is amended
   21  to read:
   22         403.7033 Departmental analysis of particular recyclable
   23  materials.—The Legislature finds that prudent regulation of
   24  recyclable materials is crucial to the ongoing welfare of
   25  Florida’s ecology and economy. As such, the Department of
   26  Environmental Protection shall review and update its 2010 report
   27  on retail bags analyzing undertake an analysis of the need for
   28  new or different regulation of auxiliary containers, wrappings,
   29  or disposable plastic bags used by consumers to carry products
   30  from retail establishments. The updated report must analysis
   31  shall include input from state and local government agencies,
   32  stakeholders, private businesses, and citizens, and must shall
   33  evaluate the efficacy and necessity of both statewide and local
   34  regulation of these materials. To ensure consistent and
   35  effective implementation, the department shall submit the
   36  updated a report with conclusions and recommendations to the
   37  Legislature no later than December 31, 2021 February 1, 2010.
   38  Until such time that the Legislature adopts the recommendations
   39  of the department, a no local government, local governmental
   40  agency, or state governmental government agency may not enact
   41  any rule, regulation, or ordinance regarding use, disposition,
   42  sale, prohibition, restriction, or tax of such auxiliary
   43  containers, wrappings, or disposable plastic bags.
   44         Section 2. Paragraph (c) of subsection (3) of section
   45  403.70605, Florida Statutes, is amended to read:
   46         403.70605 Solid waste collection services in competition
   47  with private companies.—
   49         (c) Following the final public hearing held under paragraph
   50  (b), but not later than 1 year after the hearing, the local
   51  government may proceed to take those measures necessary to
   52  provide the service. The A local government shall provide 3
   53  years’ notice to the a private company before it engages in the
   54  actual provision of the service that displaces the company. At
   55  the end of the 3-year notice period As an alternative to
   56  delaying displacement 3 years, the a local government shall may
   57  pay the a displaced company an amount equal to the company’s
   58  preceding 18 15 months’ gross receipts for the displaced service
   59  in the displacement area. The 3-year notice period shall lapse
   60  as to any private company being displaced when the company
   61  ceases to provide service within the displacement area. Nothing
   62  in this paragraph prohibits the local government and the company
   63  from voluntarily negotiating a different notice period or amount
   64  of compensation.
   65         Section 3. This act shall take effect July 1, 2021.