SB 1126 — Regulation of Auxiliary Containers

Florida Senate - 2024 CS for SB 1126 By Senatorthe MartinCommittee 33-01432B-24on 20241126__Commerce Aand billTourism; to be entitled An act relating to regulation of auxiliary containers;

and Senator Martin 577-02159-24 20241126c1 A bill to be entitled An act relating to regulation of auxiliary containers;

expressly preempting the regulation of auxiliary containers to the state;

expressly preempting the regulation of auxiliary containers to the state;

(a) Is made of cloth,cloth; paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multilayer substrates.

(b)paper; Is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a food service or Page 1 of 4 CODING:

plastic, including, but not limited to, foamed plastic, expanded plastic, or polystyrene;

cardboard;

molded fiber;

corrugated material;

aluminum;

glass;

postconsumer recycled material;

or similar material or substrates, including coated, laminated, or multilayer substrates.

Page 1 of 4 CODING:

Florida Senate - 2024 CS for SB 1126 33-01432B-24577-02159-24 20241126__20241126c1 retail(b) facility.Is designed for transporting, consuming, or protecting merchandise, food, or beverages from or at a public food service establishment as defined in s.

509.013(5), a food establishment as defined in s.

500.03(1), or a retailer as defined in s.

212.02(13).

403.7033 Preemption of regulation for auxiliary containers Departmental analysis of particular recyclable materials.—The regulation of auxiliary containers is expressly preempted to the state Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida’s ecology and economy.

The updated report must include input from state and local government agencies, stakeholders, private businesses, and citizens and must evaluate the efficacy and necessity of both statewidePage and2 local regulation of these4 materials.CODING:

To ensure consistent and effective implementation, the department shall submit the updated report with conclusions and recommendations Page 2 of 4 CODING:

Florida Senate - 2024 CS for SB 1126 33-01432B-24577-02159-24 20241126__20241126c1 tostatewide theand Legislaturelocal noregulation laterof thanthese Decembermaterials. 31, 2021.

UntilTo suchensure timeconsistent thatand theeffective Legislatureimplementation, adopts the recommendationsdepartment ofshall submit the department,updated Areport localwith government,conclusions localand governmentalrecommendations agency,to orthe stateLegislature governmentalno agencylater maythan notDecember enact31, any2021. rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.

Until such time that the Legislature adopts the recommendations of the department, A local government, local governmental agency, or state governmental agency may not enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers.

The regulation of auxiliary containers is expressly preempted to the state, wrappings, or disposable plastic bags.

If necessary to promote such an integrated program, the county may determine, after providing notice and an opportunity for a hearingPage prior3 to April 30, 2008, that some or all of the4 materialCODING: described in s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 1126 577-02159-24 20241126c1 hearing prior to April 30, 2008, that some or all of the material described in s.

403.703(6) within the jurisdiction Page 3 of 4such CODING:county.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 SB 1126 33-01432B-24 20241126__ of such county.