Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS/HB 1609, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: WD/2R .
04/29/2025 03:13 PM .
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Senator Smith moved the following:
1 Senate Amendment to Amendment (397706) (with title
2 amendment)
3
4 Delete lines 79 - 109
5 and insert:
6 403.7033 Regulation of auxiliary containers Departmental
7 analysis of particular recyclable materials.—The Legislature
8 finds that prudent regulation of recyclable materials is crucial
9 to the ongoing welfare of Florida’s ecology and economy. As
10 such, the Department of Environmental Protection shall review
11 and update its 2010 report on retail bags analyzing the need for
12 new or different regulation of auxiliary containers, wrappings,
13 or disposable plastic bags used by consumers to carry products
14 from retail establishments. The updated report must include
15 input from state and local government agencies, stakeholders,
16 private businesses, and citizens and must evaluate the efficacy
17 and necessity of both statewide and local regulation of these
18 materials. To ensure consistent and effective implementation,
19 the department shall submit the updated report with conclusions
20 and recommendations to the Legislature no later than December
21 31, 2021. Until such time that the Legislature adopts the
22 recommendations of the department,
23 (1) The department shall develop uniform ordinances for the
24 use, disposition, sale, or distribution of single-use,
25 nonrecyclable auxiliary containers which may be adopted and
26 enforced by local governments.
27 (2) The development of the uniform ordinances pursuant to
28 this section must be a collaborative process that involves a
29 broad range of stakeholders, with the objective of encouraging
30 cooperation and achieving consensus on standards for auxiliary
31 container regulation. In developing the uniform ordinances, the
32 department shall hold at least two public workshops with
33 stakeholders, local governments, environmental groups,
34 businesses, and other members of the public. The department
35 shall allow public participation in person and through
36 communications media technology. To maximize public
37 participation, a workshop may not be held in the same geographic
38 region of this state more than once before all other regions
39 have hosted a workshop.
40 (3) In developing the uniform ordinances pursuant to this
41 section, the department shall consider all of the following:
42 (a) Limiting the distribution and use of single-use,
43 nonrecyclable auxiliary containers by requiring that such
44 containers be provided only upon customer request or for a
45 mandatory fee.
46 (b) Promoting the use of recyclable or compostable
47 auxiliary containers and encouraging businesses to offer
48 voluntary incentives for customers using reusable auxiliary
49 containers.
50 (c) Establishing waste reduction and collection programs
51 for single-use auxiliary containers.
52 (d) Creating enforcement mechanisms, including penalties,
53 for businesses that do not comply with auxiliary container
54 ordinances.
55 (4) The department shall begin engaging with stakeholders
56 to develop uniform ordinances no later than October 1, 2025, and
57 shall enact them by October 1, 2026.
58 (5) A local government or, local governmental agency, or
59 state governmental agency may not enact any rule, regulation, or
60 ordinance regarding the use, disposition, sale, prohibition,
61 restriction, or tax of such auxiliary containers which is
62 inconsistent with the uniform ordinances developed pursuant to
63 this section. This subsection does not apply to rules,
64 regulations, or ordinances restricting the use of glass
65 auxiliary containers within the boundaries of any public beach
66 within the jurisdiction of a local government or local
67 governmental agency, wrappings, or disposable plastic bags.
68
69 ================= T I T L E A M E N D M E N T ================
70 And the title is amended as follows:
71 Delete lines 316 - 322
72 and insert:
73 update a specified report; requiring the department to
74 develop uniform ordinances for the use, disposition,
75 sale, or distribution of single-use, nonrecyclable
76 auxiliary containers; requiring that the development
77 of such ordinances be a collaborative process;
78 requiring the department to hold a specified number of
79 public workshops with certain groups; requiring the
80 department to allow in-person and electronic public
81 participation in the workshops; prohibiting a workshop
82 from being held in the same geographic region more
83 than once under certain circumstances; requiring the
84 department to consider certain information when
85 developing the uniform ordinances; requiring the
86 department to engage with stakeholders and develop the
87 uniform ordinances by a certain date; prohibiting
88 certain entities from enacting certain laws relating
89 to the use, disposition, sale, prohibition,
90 restriction, or tax of auxiliary containers which are
91 inconsistent with specified provisions; providing
92 applicability; amending ss. 403.706 and 403.707, F.S.;