Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for SB 1822
Ì225580&Î225580
LEGISLATIVE ACTION
Senate . House
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Floor: 1/F/2R .
04/29/2025 02:53 PM .
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Senator Smith moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 100 - 130
4 and insert:
5 403.7033 Regulation of auxiliary containers Departmental
6 analysis of particular recyclable materials.—The Legislature
7 finds that prudent regulation of recyclable materials is crucial
8 to the ongoing welfare of Florida’s ecology and economy. As
9 such, the Department of Environmental Protection shall review
10 and update its 2010 report on retail bags analyzing the need for
11 new or different regulation of auxiliary containers, wrappings,
12 or disposable plastic bags used by consumers to carry products
13 from retail establishments. The updated report must include
14 input from state and local government agencies, stakeholders,
15 private businesses, and citizens and must evaluate the efficacy
16 and necessity of both statewide and local regulation of these
17 materials. To ensure consistent and effective implementation,
18 the department shall submit the updated report with conclusions
19 and recommendations to the Legislature no later than December
20 31, 2021. Until such time that the Legislature adopts the
21 recommendations of the department,
22 (1) The department shall develop uniform ordinances for the
23 use, disposition, sale, or distribution of single-use, non
24 recyclable auxiliary containers which may be adopted and
25 enforced by local governments.
26 (2) The development of the uniform ordinances pursuant to
27 this section must be a collaborative process that involves a
28 broad range of stakeholders, with the objective of encouraging
29 cooperation and achieving consensus on standards for auxiliary
30 container regulation. In developing the uniform ordinances, the
31 department shall hold at least two public workshops with
32 stakeholders, local governments, environmental groups,
33 businesses, and other members of the public. The department
34 shall allow public participation in person and through
35 communications media technology. To maximize public
36 participation, a workshop may not be held in the same geographic
37 region of this state more than once before all other regions
38 have hosted a workshop.
39 (3) In developing the uniform ordinances pursuant to this
40 section, the department shall consider all of the following:
41 (a) Limiting the distribution and use of single-use, non
42 recyclable auxiliary containers by requiring that such
43 containers be provided only upon customer request or for a
44 mandatory fee.
45 (b) Promoting the use of recyclable or compostable
46 auxiliary containers and encouraging businesses to offer
47 voluntary incentives for customers using reusable auxiliary
48 containers.
49 (c) Establishing waste reduction and collection programs
50 for single-use auxiliary containers.
51 (d) Creating enforcement mechanisms, including penalties,
52 for businesses that do not comply with auxiliary container
53 ordinances.
54 (4) The department shall begin engaging with stakeholders
55 to develop uniform ordinances no later than October 1, 2025, and
56 shall enact them by October 1, 2026.
57 (5) A local government or, local governmental agency, or
58 state governmental agency may not enact any rule, regulation, or
59 ordinance regarding the use, disposition, sale, prohibition,
60 restriction, or tax of such auxiliary containers which is
61 inconsistent with the uniform ordinances developed pursuant to
62 this section. This subsection does not apply to rules,
63 regulations, or ordinances restricting the use of glass
64 auxiliary containers within the boundaries of any public beach
65 within the jurisdiction of a local government or local
66 governmental agency, wrappings, or disposable plastic bags.
67
68 ================= T I T L E A M E N D M E N T ================
69 And the title is amended as follows:
70 Delete lines 8 - 14
71 and insert:
72 update a specified report; requiring the department to
73 develop uniform ordinances for the use, disposition,
74 sale, or distribution of single-use, non recyclable
75 auxiliary containers; requiring that the development
76 of such ordinances be a collaborative process;
77 requiring the department to hold a specified number of
78 public workshops with certain groups; requiring the
79 department to allow in-person and electronic public
80 participation in the workshops; prohibiting a workshop
81 from being held in the same geographic region more
82 than once under certain circumstances; requiring the
83 department to consider certain information when
84 developing the uniform ordinances; requiring the
85 department to engage with stakeholders and develop the
86 uniform ordinances by a certain date; prohibiting
87 certain entities from enacting certain laws relating
88 to the use, disposition, sale, prohibition,
89 restriction, or tax of auxiliary containers which are
90 inconsistent with specified provisions; providing
91 applicability; amending ss. 403.706 and 403.707, F.S.;