SB 588 — Preemption of Local Regulations

Florida Senate - 2019 CS for CS for SB 588 By the CommitteeCommittees on CommerceCommunity andAffairs; Tourism;

and SenatorsCommerce Hutson and BradleyTourism; 577-02659-19 2019588c1 A bill to be entitled An act relating to preemption of local regulations;

and Senators Hutson and Bradley 578-04076-19 2019588c2 A bill to be entitled An act relating to preemption of local regulations;

403.7034,499.072, F.S.;

prohibiting localcertain governmentgovernmental entities from adopting or enforcing local ordinances or regulations relating to single-useover-the-counter plasticproprietary strawsdrugs and cosmetics before a specified date;

requiringproviding thepenalties Departmentfor violations of Environmentalthe Protection,moratorium or an entity designated by the department, to conduct a studylocal evaluatinggovernmental theentity; environmental impact of single-use plastic straws;

providing qualifications for the designated entity;

specifying requirements for the environmental impact study;

requiring the department to submit a report on the environmental impact study results to the Legislature by a specified date;

providing that, under certain circumstances, the moratorium on local regulation is lifted by a specified date;

providing penalties for violations of the moratorium by a local government entity;

499.002,526.143, F.S.;

preempting the regulationestablishment of overthe the-counterrequirements proprietaryfor drugsalternate orgenerated cosmeticspower sources to the state;state and to the Division of Emergency Management;

2314 WHEREAS, single-use plastic straws comprise less than 1 percent of waste and litter, and WHEREAS, alternatives to single-use plastic straws may have equivalent environmental drawbacks or have reduced utility in certain beverage types, and WHEREAS, reducing the availability of single-use plastic straws may negatively impact persons with disabilities who require single-use plastic straws for feeding and hydration, and WHEREAS, businesses should be free to decide the best manner in which to serve their customers, free from unnecessary governmental intrusion or regulation, and WHEREAS, the prudent deliberation regarding materials usage and the development of policy based on sound research and science will result in better long-term solutions for this state, NOW, THEREFORE, 39 Be It Enacted by the Legislature of the State of Florida:

4116 Section 1. Section 403.7034,499.072, Florida Statutes, is created to read:

403.7034 Local499.072 Local regulation of single-useover-the-counter plasticproprietary straws;drugs and cosmetics;

environmentalpenalties.— impact(1) Before study;July 1, 2021, a county, a municipality, or another local governmental entity may not adopt or enforce an ordinance or other local regulation relating to over-the-counter proprietary drugs and cosmetics.

penalties.—(2) An (1) Beforeattempt Julyby 1, 2024, a county, a municipality, or another entity of local governmentgovernmental mayentity notto adopt or enforce anover-the-counter ordinanceproprietary ordrugs otherand localcosmetics regulationregulations relatingbefore toJuly single-use1, plastic2021, straws.is a violation of this chapter and shall result in a fine of $25,000 imposed on the offending county, municipality, or other local governmental entity.

(2) InFurther, the interim,offending entity is responsible for the department,attorney orfees anand entitycosts designatedof byany theparty department,filing shalland conductprevailing in a studycivil action to evaluateenforce the environmentalterms impact of single-usethe plasticmoratorium. straws.

ASection designated2. Subsection entity(6) mustis beadded competent,to knowledgeable,section and526.143, unbiasedFlorida regardingStatutes, environmentalto impactread: studies.

(3) The526.143 Alternate environmentalgenerated impactpower studycapacity mustfor focusmotor onfuel scientificdispensing datafacilities; regarding the environmental impact of single-use plastic straws and the potential impact on the environment of this state of a reduction in the number of, or a prohibition on the use of, single-use plastic straws.

Thepreemption.— study(6) The mayestablishment considerof single-userequirements plasticfor strawalternate regulationsgenerated adoptedpower insources, otherincluding jurisdictionstransfer inswitches, theis Unitedpreempted Statesto and the actualstate effectivenessand ofthe suchDivision regulations in those jurisdictions in terms of environmentalEmergency impact.Management.

The study must also consider the usefulness and environmental impact of potential alternatives to single-use plastic straws and the potential impact of reducing or eliminating single-use plastic straws on the quality of life of persons with disabilities who may rely on single-use plastic straws for feeding and hydration.

(4) The department shall report the results of the environmental impact study to the Legislature by January 1, 2024.

If, upon evaluating the results of the study, the Legislature does not enact a general law specifying a statewide policy regarding single-use plastic straws or a law preempting local regulation of single-use plastic straws, the moratorium on local regulation and enforcement under this section is lifted, effective July 1, 2024.

(5) An attempt by a county, a municipality, or another entity of local government to adopt or enforce single-use plastic straw regulations before July 1, 2024, is a violation of this chapter and shall result in a fine to the offending local government entity in the amount of $25,000.

Further, the offending local government entity is responsible for the attorney fees and costs of any party filing and prevailing in a civil action to enforce the terms of the moratorium.

Section 2. Subsection (7) is added to section 499.002, Florida Statutes, to read:

499.002 Purpose, administration, and enforcement of and exemption from this part.— (7) Notwithstanding any other law or local ordinance to the contrary, the regulation of over-the-counter proprietary drugs and cosmetics is preempted to the state to be uniformly administered.