SESSION WATCH
Died SENATE · SESSION 2026

No. CS/SB 240

Auxiliary Containers
Send via email
SPONSOR
Environment and Natural Resources; Garcia
FILED BY
Ileana Garcia — District 36, Republican [search donations]
EFFECTIVE
7/1/2026
DIED IN
Appropriations Committee on Agriculture

Filed under Environment & Water.

PROVIDED SUMMARY

Auxiliary Containers; Preempting the regulation of auxiliary containers to the state; providing exceptions; requiring the Department of Environmental Protection to develop a uniform ordinance for the use and disposition of single-use, nonrecyclable auxiliary containers; prohibiting the use, sale, or distribution of certain single-use auxiliary containers on such lands; repealing a provision relating to the regulation of polystyrene products preempted to the Department of Agriculture and Consumer Services, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Locks in place the state ban on new local packaging rules.

Florida already barred cities and counties from regulating bags, cups, bottles, cans, and similar packaging on their own. That ban was written as temporary; the old language triggering its end is now deleted, making it permanent.

Three narrow carve-outs survive: local rules on glass containers or single-use plastics on public property, and any container ordinance already on the books before January 1, 2026.

The state environmental agency must now design one statewide model ordinance for single-use, non-recyclable packaging, covering bans, fees, deposits, and business penalties. Local governments can adopt it, but cannot write their own version.

On state park land, polystyrene foam containers are banned outright, and single-use plastic ones must be eliminated as much as possible. A separate polystyrene law aimed at a different state agency is repealed.

KEY PROVISIONS
§ 1 Bars local governments from regulating auxiliary containers majors. 403.7033

AIA city, county, or other local governmental agency can no longer pass its own rule, regulation, or ordinance on the use, sale, disposal, restriction, or taxation of bags, cups, bottles, cans, or similar packaging.

“may not enact any rule, regulation, or ordinance regarding the use, disposition, sale, prohibition, restriction, or tax of auxiliary containers” bill text, line 82 →
§ 2 Drops the sunset clause, making the preemption permanent majors. 403.7033

AICurrent law frames the local preemption as temporary, lasting only until the Legislature acts on a departmental report; that conditional trigger is deleted, so the ban on local rules no longer expires on its own.

“Until such time that the Legislature adopts the recommendations of the department,” bill text, line 78 →
§ 3 Grandfathers in local ordinances already on the books majors. 403.7033

AIA local ordinance restricting auxiliary containers that was already enacted before January 1, 2026 stays exempt from the preemption, even though a similar ordinance passed after that date would now be blocked.

“Restrict the use, sale, or distribution of auxiliary containers enacted before January 1, 2026.” bill text, line 90 →
§ 4 Exempts glass and plastic rules on public property majors. 403.7033

AIA local government may still restrict glass containers, or single-use plastic containers specifically, on land it owns or controls, even though it cannot regulate auxiliary containers anywhere else.

“Restrict the use, sale, or distribution of single-use plastic auxiliary containers within the boundaries of any public property.” bill text, line 92 →
§ 5 Directs DEP to write one statewide model container ordinance majors. 403.7033

AIThe state's environmental agency must design a single uniform ordinance covering single-use, nonrecyclable containers, after holding at least three public workshops, for local governments to optionally adopt instead of writing their own.

“shall develop a uniform ordinance for the use and disposal of single-use, nonrecyclable auxiliary containers which may be adopted and enforced by local governments” bill text, line 96 →
§ 6 Bans polystyrene foam containers on state park land majors. 403.7033

AIWithin land managed by the Division of Recreation and Parks, selling, distributing, or using a single-use container made with polystyrene foam becomes flatly illegal, not merely discouraged.

“The use, sale, or distribution of single-use auxiliary containers that contain polystyrene foam is prohibited.” bill text, line 134 →
§ 7 Requires a statewide marine debris reduction plan moderates. 403.7033

AIBy the end of 2026, the department must publish a plan covering data collection, policy gaps, litter-reduction strategies, funding, and a competitive grant program for local governments and nonprofits.

“the department shall develop and make available on its website a statewide Marine Debris Reduction Plan” bill text, line 137 →
§ 8 Repeals a separate existing polystyrene statute technicals. 500.90

AISection 500.90, a standalone statute outside this chapter, is eliminated outright, folding whatever it covered into this bill's single consolidated framework instead.

“Section 500.90, Florida Statutes, is repealed.” bill text, line 152 →
TIMELINE
3/13/2026
Died in Appropriations Committee on Agriculture, Environment, and...
1/13/2026
CS by Environment and Natural Resources read 1st time
1/13/2026
Introduced
11/20/2025
Now in Appropriations Committee on Agriculture, Environment, and...
11/19/2025
Pending reference review under Rule 4.7(2) - (Committee Substitute)
11/18/2025
CS by Environment and Natural Resources; YEAS 8 NAYS 0
11/10/2025
On Committee agenda-- Environment and Natural Resources, 11/18/25,...
11/3/2025
Referred to Environment and Natural Resources; Appropriations...
10/17/2025
Filed
3 EARLIER →
STATUTES IT CHANGES
s. 403.703
+125 / −5
s. 403.7033
+479 / −153
s. 500.90
+6 / −0
s. 403.707
+10 / −10
s. 403.703
+0 / −0
STAFF ANALYSES