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THE BILL ITSELF

CS/SB 240

Auxiliary Containers

VERSION S 240 c1 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for SB 240 By the Committee on Environment and Natural Resources; and Senators Garcia and Smith 592-01204-26 2026240c1
1 A bill to be entitled
2 An act relating to auxiliary containers; amending s.
3 403.703, F.S.; defining the terms “auxiliary
4 container” and “single-use”; amending s. 403.7033,
5 F.S.; deleting obsolete provisions; preempting the
6 regulation of auxiliary containers to the state;
7 providing exceptions; requiring the Department of
8 Environmental Protection to develop a uniform
9 ordinance for the use and disposition of single-use,
10 nonrecyclable auxiliary containers; providing
11 requirements for the development of such ordinance;
12 requiring that the sale or distribution of single-use
13 plastic auxiliary containers on lands managed by the
14 Division of Recreation and Parks of the Department of
15 Environmental Protection be eliminated to the greatest
16 extent possible; prohibiting the use, sale, or
17 distribution of certain single-use auxiliary
18 containers on such lands; requiring the department to
19 develop and make available on its website a statewide
20 Marine Debris Reduction Plan; providing requirements
21 for such plan; repealing s. 500.90, F.S., relating to
22 the regulation of polystyrene products preempted to
23 the Department of Agriculture and Consumer Services;
24 amending s. 403.707, F.S.; conforming cross
25 references; providing an effective date.
27 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Present subsections (2) through (33) and (34)
30 through (48) of section 403.703, Florida Statutes, are
31 redesignated as subsections (3) through (34) and (36) through
32 (50), respectively, new subsections (2) and (35) are added to
33 that section, and present subsection (35) of that section is
34 amended, to read:
35 403.703 Definitions.—As used in this part, the term:
36 (2) “Auxiliary container” means a bag, cup, bottle, can, or
37 other packaging that meets both of the following requirements:
38 (a) Is made of cloth; paper; plastic, including, but not
39 limited to, foamed plastic, expanded plastic, or polystyrene;
40 cardboard and other corrugated material; molded fiber; aluminum;
41 glass; postconsumer recycled material; or similar material or
42 substrates, including coated, laminated, or multilayer
43 substrates.
44 (b) Is designed for transporting, consuming, or protecting
45 merchandise, food, or beverages from or at a public food service
46 establishment as defined in s. 509.013(5), a food establishment
47 as defined in s. 500.03, or a retailer as defined in s.
48 212.02(13).
49 (35) “Single-use” means designed to be used once and then
50 discarded and not designed for repeated use and sanitizing.
51 (37) (35) “Solid waste” means sludge unregulated under the
52 federal Clean Water Act or Clean Air Act, sludge from a waste
53 treatment works, water supply treatment plant, or air pollution
54 control facility, or garbage, rubbish, refuse, special waste, or
55 other discarded material, including solid, liquid, semisolid, or
56 contained gaseous material resulting from domestic, industrial,
57 commercial, mining, agricultural, or governmental operations.
58 Recovered materials as defined in subsection (29) subsection
59 (28) and post-use polymers as defined in subsection (25)
60 subsection (24) are not solid waste.
61 Section 2. Section 403.7033, Florida Statutes, is amended
62 to read:
63 403.7033 Regulation of auxiliary containers Departmental
64 analysis of particular recyclable materials .— The Legislature
65 finds that prudent regulation of recyclable materials is crucial
66 to the ongoing welfare of Florida’s ecology and economy. As
67 such, the Department of Environmental Protection shall review
68 and update its 2010 report on retail bags analyzing the need for
69 new or different regulation of auxiliary containers, wrappings,
70 or disposable plastic bags used by consumers to carry products
71 from retail establishments. The updated report must include
72 input from state and local government agencies, stakeholders,
73 private businesses, and citizens and must evaluate the efficacy
74 and necessity of both statewide and local regulation of these
75 materials. To ensure consistent and effective implementation,
76 the department shall submit the updated report with conclusions
77 and recommendations to the Legislature no later than December
78 31, 2021. Until such time that the Legislature adopts the
79 recommendations of the department,
80 (1) PREEMPTION OF THE REGULATION OF AUXILIARY CONTAINERS.— A
81 local government or , local governmental agency , or state
82 governmental agency may not enact any rule, regulation, or
83 ordinance regarding the use, disposition, sale, prohibition,
84 restriction, or tax of such auxiliary containers which is
85 inconsistent with this section , wrappings, or disposable plastic
86 bags . This subsection does not apply to rules, regulations, or
87 ordinances that do any of the following:
88 (a) Restrict the use of glass auxiliary containers within
89 the boundaries of any public property.
90 (b) Restrict the use, sale, or distribution of auxiliary
91 containers enacted before January 1, 2026.
92 (c) Restrict the use, sale, or distribution of single-use
93 plastic auxiliary containers within the boundaries of any public
94 property.
95 (2) CREATION OF A UNIFORM ORDINANCE FOR AUXILIARY
96 CONTAINERS.—The department shall develop a uniform ordinance for
97 the use and disposal of single-use, nonrecyclable auxiliary
98 containers which may be adopted and enforced by local
99 governments.
100 (a) In developing the uniform ordinance, the department
101 shall collaborate with a broad range of stakeholders, including
102 local governments, environmental groups, businesses, and other
103 interested parties, to encourage cooperation and consensus
104 building.
105 (b) In developing the uniform ordinance, the department
106 shall hold at least three public workshops with such
107 stakeholders described in paragraph (a). The department shall
108 allow public participation in person and through communications
109 media technology. The department shall hold workshops in
110 different regions of this state to maximize public
111 participation.
112 (c) In developing the uniform ordinance, the department
113 shall advance measures in furtherance of the following:
114 1. Limiting the distribution and use of single-use,
115 nonrecyclable auxiliary containers through bans, fees, or
116 deposit systems.
117 2. Promoting the use of recyclable or compostable auxiliary
118 containers and encouraging businesses to offer voluntary
119 incentives for customers to bring reusable auxiliary containers.
120 3. Establishing waste reduction and collection programs for
121 single-use auxiliary containers.
122 4. Creating enforcement mechanisms, including penalties,
123 for businesses that do not comply with auxiliary container
124 regulations.
125 (d) The department shall begin engaging with stakeholders
126 through workshops and solicitation no later than October 1,
127 2026, and finalize the uniform ordinance by October 1, 2027.
128 (3) SINGLE-USE AUXILIARY CONTAINERS ON STATE LAND.—Within
129 any lands managed by the Division of Recreation and Parks of the
130 Department of Environmental Protection:
131 (a) The sale or distribution of single-use plastic
132 auxiliary containers must be eliminated to the greatest extent
133 possible.
134 (b) The use, sale, or distribution of single-use auxiliary
135 containers that contain polystyrene foam is prohibited.
136 (4) STATEWIDE MARINE DEBRIS REDUCTION PLAN.—By December 31,
137 2026, the department shall develop and make available on its
138 website a statewide Marine Debris Reduction Plan. At a minimum,
139 the plan must include all of the following:
140 (a) Recommendations for data collection and reporting
141 protocols.
142 (b) Identification of key infrastructure or policy gaps
143 regarding persistent litter into marine and coastal
144 environments.
145 (c) Strategies for reducing the generation and discharge of
146 plastics, polystyrene, and other persistent litter into marine
147 and coastal environments.
148 (d) A proposed funding and implementation framework.
149 (e) Recommendations for a competitive grant program to
150 provide financial assistance to local governments and nonprofits
151 to reduce marine debris.
152 Section 3. Section 500.90, Florida Statutes, is repealed.
153 Section 4. Paragraph (j) of subsection (9) of section
154 403.707, Florida Statutes, is amended to read:
155 403.707 Permits.—
156 (9) The department shall establish a separate category for
157 solid waste management facilities that accept only construction
158 and demolition debris for disposal or recycling. The department
159 shall establish a reasonable schedule for existing facilities to
160 comply with this section to avoid undue hardship to such
161 facilities. However, a permitted solid waste disposal unit that
162 receives a significant amount of waste prior to the compliance
163 deadline established in this schedule shall not be required to
164 be retrofitted with liners or leachate control systems.
165 (j) The Legislature recognizes that recycling, waste
166 reduction, and resource recovery are important aspects of an
167 integrated solid waste management program and as such are
168 necessary to protect the public health and the environment. If
169 necessary to promote such an integrated program, the county may
170 determine, after providing notice and an opportunity for a
171 hearing prior to April 30, 2008, that some or all of the
172 material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
173 excluded from the definition of “construction and demolition
174 debris” in s. 403.703(7) s. 403.703(6) within the jurisdiction
175 of such county. The county may make such a determination only if
176 it finds that, prior to June 1, 2007, the county has established
177 an adequate method for the use or recycling of such wood
178 material at an existing or proposed solid waste management
179 facility that is permitted or authorized by the department on
180 June 1, 2007. The county is not required to hold a hearing if
181 the county represents that it previously has held a hearing for
182 such purpose, or if the county represents that it previously has
183 held a public meeting or hearing that authorized such method for
184 the use or recycling of trash or other nonputrescible waste
185 materials and that such materials include those materials
186 described in s. 403.703(7)(b) s. 403.703(6)(b) . The county shall
187 provide written notice of its determination to the department by
188 no later than April 30, 2008; thereafter, the materials
189 described in s. 403.703(7) s. 403.703(6) shall be excluded from
190 the definition of “construction and demolition debris” in s.
191 403.703(7) s. 403.703(6) within the jurisdiction of such county.
192 The county may withdraw or revoke its determination at any time
193 by providing written notice to the department.
194 Section 5. This act shall take effect July 1, 2026.