F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6063 2022
1 A bill to be entitled
2 An act relating to the preemption of recyclable and
3 polystyrene materials; amending s. 403.7033, F.S.;
4 removing the prohibition of local regulation of
5 auxiliary containers, wrappings, and disposable
6 plastic bags; repealing s. 500.90, F.S., relating to
7 the preemption of the use or sale of polystyrene
8 products to the Department of Agriculture and Consumer
9 Services; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 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 review and update its 2010 report
20 on retail bags analyzing the need for new or different
21 regulation of auxiliary containers, wrappings, or disposable
22 plastic bags used by consumers to carry products from retail
23 establishments. The updated report must include input from state
24 and local government agencies, stakeholders, private businesses,
25 and citizens and must evaluate the efficacy and necessity of
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 6063 2022
26 both statewide and local regulation of these materials. To
27 ensure consistent and effective implementation, the department
28 shall submit the updated report with conclusions and
29 recommendations to the Legislature no later than December 31,
30 2021. Until such time that the Legislature adopts the
31 recommendations of the department, a local government, local
32 governmental agency, or state governmental agency may not enact
33 any rule, regulation, or ordinance regarding use, disposition,
34 sale, prohibition, restriction, or tax of such auxiliary
35 containers, wrappings, or disposable plastic bags.
36 Section 2. Section 500.90, Florida Statutes, is repealed.
37 Section 3. This act shall take effect July 1, 2022.
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Statutes affected:
H 6063 Filed: 403.7033, 500.90