THE BILL ITSELF
HB 629
Regulation of Auxiliary Containers
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A bill to be entitled
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An act relating to the regulation of auxiliary
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containers; amending s. 403.703, F.S.; defining the
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term "auxiliary container"; amending s. 403.7033,
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F.S.; removing obsolete provisions that provide
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legislative findings and require the Department of
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Environmental Protection to review and update a
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specified report; preempting the regulation of
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auxiliary containers to the state; permitting rules,
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regulations, and ordinances restricting the use of
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glass auxiliary containers within the boundaries of a
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public beach or state park; authorizing the Division
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of Recreation and Parks to regulate auxiliary
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containers within state parks; amending s. 403.707,
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F.S.; conforming cross-references; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (2) through (48) of section
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403.703, Florida Statutes, are renumbered as sections (3)
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through (49), respectively, present subsection (35) of that
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section is amended, and a new subsection (2) is added to that
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section, to read:
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403.703 Definitions.—As used in this part, the term:
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(2) "Auxiliary container" means a reusable or single-use
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bag, cup, bottle, can, or other packaging that meets both of the
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following requirements:
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(a) Is made of cloth; paper; plastic, including, but not
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limited to, foamed plastic, expanded plastic, or polystyrene;
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cardboard; corrugated material; molded fiber; aluminum; glass;
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postconsumer recycled material; or similar material or
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substrates, including coated, laminated, or multilayer
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substrates.
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(b) Is designed for transporting, consuming, or protecting
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merchandise, food, or beverages from or at a public food service
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establishment as defined in s. 509.013(5), a food establishment
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as defined in s. 500.03(1), or a retailer as defined in s.
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212.02(13).
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(36)(35) "Solid waste" means sludge unregulated under the
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federal Clean Water Act or Clean Air Act, sludge from a waste
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treatment works, water supply treatment plant, or air pollution
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control facility, or garbage, rubbish, refuse, special waste, or
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other discarded material, including solid, liquid, semisolid, or
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contained gaseous material resulting from domestic, industrial,
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commercial, mining, agricultural, or governmental operations.
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Recovered materials as defined in subsection (29) (28) and post-
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use polymers as defined in subsection (25) (24) are not solid
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waste.
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Section 2. Section 403.7033, Florida Statutes, is amended
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to read:
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403.7033 Regulation of auxiliary containers Departmental
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analysis of particular recyclable materials.—The Legislature
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finds that prudent regulation of recyclable materials is crucial
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to the ongoing welfare of Florida's ecology and economy. As
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such, the Department of Environmental Protection shall review
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and update its 2010 report on retail bags analyzing the need for
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new or different regulation of auxiliary containers, wrappings,
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or disposable plastic bags used by consumers to carry products
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from retail establishments. The updated report must include
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input from state and local government agencies, stakeholders,
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private businesses, and citizens and must evaluate the efficacy
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and necessity of both statewide and local regulation of these
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materials. To ensure consistent and effective implementation,
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the department shall submit the updated report with conclusions
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and recommendations to the Legislature no later than December
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31, 2021. Until such time that the Legislature adopts the
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recommendations of the department,
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(1) Except as provided in s. 500.90, the regulation of
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auxiliary containers is expressly preempted to the state. A
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local government, local governmental agency, or state
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governmental agency may not enact or enforce any rule,
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regulation, or ordinance regarding the use, disposition, sale,
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prohibition, restriction, or tax of such auxiliary containers
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unless authorized by general law.
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(2) A local government, local governmental agency, or
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state governmental agency may adopt rules, regulations, or
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ordinances restricting the use of glass auxiliary containers
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within the boundaries of any public beach or state park within
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its jurisdiction.
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(3) The Division of Recreation and Parks of the Department
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of Environmental Protection may adopt rules to regulate
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auxiliary containers within state parks consistent with s.
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258.004, wrappings, or disposable plastic bags.
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Section 3. Paragraph (j) of subsection (9) of section
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403.707, Florida Statutes, is amended, to read:
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403.707 Permits.—
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(9) The department shall establish a separate category for
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solid waste management facilities that accept only construction
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and demolition debris for disposal or recycling. The department
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shall establish a reasonable schedule for existing facilities to
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comply with this section to avoid undue hardship to such
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facilities. However, a permitted solid waste disposal unit that
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receives a significant amount of waste prior to the compliance
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deadline established in this schedule shall not be required to
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be retrofitted with liners or leachate control systems.
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(j) The Legislature recognizes that recycling, waste
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reduction, and resource recovery are important aspects of an
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integrated solid waste management program and as such are
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necessary to protect the public health and the environment. If
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necessary to promote such an integrated program, the county may
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determine, after providing notice and an opportunity for a
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hearing prior to April 30, 2008, that some or all of the
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material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
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excluded from the definition of "construction and demolition
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debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction
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of such county. The county may make such a determination only if
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it finds that, prior to June 1, 2007, the county has established
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an adequate method for the use or recycling of such wood
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material at an existing or proposed solid waste management
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facility that is permitted or authorized by the department on
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June 1, 2007. The county is not required to hold a hearing if
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the county represents that it previously has held a hearing for
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such purpose, or if the county represents that it previously has
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held a public meeting or hearing that authorized such method for
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the use or recycling of trash or other nonputrescible waste
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materials and that such materials include those materials
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described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
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provide written notice of its determination to the department by
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no later than April 30, 2008; thereafter, the materials
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described in s. 403.703(7) s. 403.703(6) shall be excluded from
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the definition of "construction and demolition debris" in s.
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403.703(7) s. 403.703(6) within the jurisdiction of such county.
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The county may withdraw or revoke its determination at any time
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by providing written notice to the department.
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Section 4. This act shall take effect July 1, 2026.