Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS/HB 1609, 1st Eng.
       
       
       
       
       
       
                                Ì325362!Î325362                         
       
                              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.;