Title: Disposable Plastic Bags

Summary: Authorizing certain municipalities to establish pilot programs for the regulation or ban of disposable plastic bags; providing for expiration of the program; directing participating municipalities to collect data and submit reports to the municipal governing body and the Department of Environmental Protection, etc.

Full Text:
An act relating to disposable plastic bags; creating s. 403.70325, F.S.; authorizing certain municipalities to establish pilot programs for the regulation or ban of disposable plastic bags; providing program criteria; providing for expiration of the program; directing participating municipalities to collect data and submit reports to the municipal governing body and the Department of Environmental Protection; republishing s. 403.7033, F.S.; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 403.70325, Florida Statutes, is created to read: 403.70325 Municipal pilot program for regulation or ban of disposable plastic bags.  (1) Notwithstanding s. 403.7033, a municipality with a population of fewer than 100,000 which is a coastal community may establish a pilot program to regulate or ban disposable plastic bags. A municipality establishing a pilot program shall, by December 31, 2015, enact an ordinance for the regulation or ban of disposable plastic bags that begins January 1, 2016, and expires June 30, 2018. Such ordinance may not include any new taxes or fees on the use or distribution of disposable plastic bags. (2) A municipality that establishes a pilot program shall: (a) Collect data pertaining to the impact of such regulation or ban. (b) By April 1, 2018, submit a report on the impact of such regulation or ban to the governing body of the municipality at a public hearing that is open to comments from the public. (c) Provide a copy of the report to the department. Section 2. Section 403.7033, Florida Statutes, is republished to read: 403.7033 Departmental analysis of particular recyclable materials. The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida s ecology and economy. As such, the Department of Environmental Protection shall undertake an analysis of the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments. The analysis shall include input from state and local government agencies, stakeholders, private businesses, and citizens, and shall evaluate the efficacy and necessity of both statewide and local regulation of these materials. To ensure consistent and effective implementation, the department shall submit a report with conclusions and recommendations to the Legislature no later than February 1, 2010. Until such time that the Legislature adopts the recommendations of the department, no local government, local governmental agency, or state government agency may enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags. Section 3. This act shall take effect upon becoming a law.