SB 88 - Preemption of Recyclable and Polystyrene MaterialsFlorida Senate - 2019 SB 88
By Senator Stewart
13-00131A-19 201988__
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CODING: Words stricken are deletions; words underlined are additions.
A bill to be entitled 1
An act relating to the preemption of recyclable and 2
polystyrene materials; amending s. 403.7033, F.S.; 3
deleting preemptions of local law relating to the 4
regulation of auxiliary containers, wrappings, or 5
disposable plastic bags; amending s. 500.90, F.S.; 6
repealing the preemption of local laws regarding the 7
use or sale of polystyrene products to the Department 8
of Agriculture and Consumer Services; providing an 9
effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Section 403.7033, Florida Statutes, is amended 14
to read: 15
403.7033 Departmental analysis of particular recyclable 16
materials.—The Legislature finds that prudent regulation of 17
recyclable materials is crucial to the ongoing welfare of 18
Florida’s ecology and economy. As such, the Department of 19
Environmental Protection shall undertake an analysis of the need 20
for new or different regulation of auxiliary containers, 21
wrappings, or disposable plastic bags used by consumers to carry 22
products from retail establishments. The analysis shall include 23
input from state and local government agencies, stakeholders, 24
private businesses, and citizens, and shall evaluate the 25
efficacy and necessity of both statewide and local regulation of 26
these materials. To ensure consistent and effective 27
implementation, the department shall submit a report with 28
conclusions and recommendations to the Legislature no later than 29
Florida Senate - 2019 SB 88
13-00131A-19 201988__
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
February 1, 2010. Until such time that the Legislature adopts 30
the recommendations of the department, no local government, 31
local governmental agency, or state government agency may enact 32
any rule, regulation, or ordinance regarding use, disposition, 33
sale, prohibition, restriction, or tax of such auxiliary 34
containers, wrappings, or disposable plastic bags. 35
Section 2. Section 500.90, Florida Statutes, is amended to 36
read: 37
500.90 Regulation of polystyrene products preempted to 38
department.—The regulation of the use or sale of polystyrene 39
products by entities regulated under this chapter is preempted 40
to the department. This preemption does not apply to local 41
ordinances or provisions thereof enacted before January 1, 2016, 42
and does not limit the authority of a local government to 43
restrict the use of polystyrene by individuals on public 44
property, temporary vendors on public property, or entities 45
engaged in a contractual relationship with the local government 46
for the provision of goods or services, unless such use is 47
otherwise preempted by law. 48
Section 3. This act shall take effect July 1, 2019. 49