Bill Text: FL S0966 | 2015 | Regular Session | Comm Sub

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Bill Title: Disposable Plastic Bags

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2015-05-01 - Died in Community Affairs [S0966 Detail]

Download: Florida-2015-S0966-Comm_Sub.html

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       Florida Senate - 2015                              CS for SB 966
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senators Bullard, Soto, and Sobel
       
       
       
       
       592-03760-15                                           2015966c1
    1                        A bill to be entitled                      
    2         An act relating to disposable plastic bags; creating
    3         s. 403.70325, F.S.; authorizing certain municipalities
    4         to establish pilot programs for the regulation or ban
    5         of disposable plastic bags; providing program
    6         criteria; providing for expiration of the program;
    7         directing participating municipalities to collect data
    8         and submit reports to the municipal governing body and
    9         the Department of Environmental Protection;
   10         republishing s. 403.7033, F.S.; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 403.70325, Florida Statutes, is created
   16  to read:
   17         403.70325 Municipal pilot program for regulation or ban of
   18  disposable plastic bags.—
   19         (1) Notwithstanding s. 403.7033, a municipality with a
   20  population of fewer than 100,000 which is a coastal community
   21  may establish a pilot program to regulate or ban disposable
   22  plastic bags. A municipality establishing a pilot program shall,
   23  by December 31, 2015, enact an ordinance for the regulation or
   24  ban of disposable plastic bags that begins January 1, 2016, and
   25  expires June 30, 2018. Such ordinance may not include any new
   26  taxes or fees on the use or distribution of disposable plastic
   27  bags.
   28         (2) A municipality that establishes a pilot program shall:
   29         (a) Collect data pertaining to the impact of such
   30  regulation or ban.
   31         (b) By April 1, 2018, submit a report on the impact of such
   32  regulation or ban to the governing body of the municipality at a
   33  public hearing that is open to comments from the public.
   34         (c) Provide a copy of the report to the department.
   35         Section 2. Section 403.7033, Florida Statutes, is
   36  republished to read:
   37         403.7033 Departmental analysis of particular recyclable
   38  materials.—The Legislature finds that prudent regulation of
   39  recyclable materials is crucial to the ongoing welfare of
   40  Florida’s ecology and economy. As such, the Department of
   41  Environmental Protection shall undertake an analysis of the need
   42  for new or different regulation of auxiliary containers,
   43  wrappings, or disposable plastic bags used by consumers to carry
   44  products from retail establishments. The analysis shall include
   45  input from state and local government agencies, stakeholders,
   46  private businesses, and citizens, and shall evaluate the
   47  efficacy and necessity of both statewide and local regulation of
   48  these materials. To ensure consistent and effective
   49  implementation, the department shall submit a report with
   50  conclusions and recommendations to the Legislature no later than
   51  February 1, 2010. Until such time that the Legislature adopts
   52  the recommendations of the department, no local government,
   53  local governmental agency, or state government agency may enact
   54  any rule, regulation, or ordinance regarding use, disposition,
   55  sale, prohibition, restriction, or tax of such auxiliary
   56  containers, wrappings, or disposable plastic bags.
   57         Section 3. This act shall take effect upon becoming a law.