H 629

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  HB 629  2026
1A bill to be entitled
2An act relating to the regulation of auxiliary
3containers; amending s. 403.703, F.S.; defining the
4term "auxiliary container"; amending s. 403.7033,
5F.S.; removing obsolete provisions that provide
6legislative findings and require the Department of
7Environmental Protection to review and update a
8specified report; preempting the regulation of
9auxiliary containers to the state; permitting rules,
10regulations, and ordinances restricting the use of
11glass auxiliary containers within the boundaries of a
12public beach or state park; authorizing the Division
13of Recreation and Parks to regulate auxiliary
14containers within state parks; amending s. 403.707,
15F.S.; conforming cross-references; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20Section 1.        Subsections (2) through (48) of section
21403.703, Florida Statutes, are renumbered as sections (3)
22through (49), respectively, present subsection (35) of that
23section is amended, and a new subsection (2) is added to that
24section, to read:
25403.703      Definitions.—As used in this part, the term:
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26(2)     "Auxiliary container" means a reusable or single-use
27    bag, cup, bottle, can, or other packaging that meets both of the
28    following requirements:
29(a)     Is made of cloth; paper; plastic, including, but not
30    limited to, foamed plastic, expanded plastic, or polystyrene;
31    cardboard; corrugated material; molded fiber; aluminum; glass;
32    postconsumer recycled material; or similar material or
33    substrates, including coated, laminated, or multilayer
34    substrates.
35(b)     Is designed for transporting, consuming, or protecting
36    merchandise, food, or beverages from or at a public food service
37    establishment as defined in s. 509.013(5), a food establishment
38    as defined in s. 500.03(1), or a retailer as defined in s.
39    212.02(13).
40(36)(35)  "Solid waste" means sludge unregulated under the
41    federal Clean Water Act or Clean Air Act, sludge from a waste
42    treatment works, water supply treatment plant, or air pollution
43    control facility, or garbage, rubbish, refuse, special waste, or
44    other discarded material, including solid, liquid, semisolid, or
45    contained gaseous material resulting from domestic, industrial,
46    commercial, mining, agricultural, or governmental operations.
47    Recovered materials as defined in subsection (29) (28) and post-
48    use polymers as defined in subsection (25) (24) are not solid
49    waste.
50Section 2.  Section 403.7033, Florida Statutes, is amended
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51    to read:
52403.7033  Regulation of auxiliary containers Departmental
53    analysis of particular recyclable materials.—The Legislature
54    finds that prudent regulation of recyclable materials is crucial
55    to the ongoing welfare of Florida's ecology and economy. As
56    such, the Department of Environmental Protection shall review
57    and update its 2010 report on retail bags analyzing the need for
58    new or different regulation of auxiliary containers, wrappings,
59    or disposable plastic bags used by consumers to carry products
60    from retail establishments. The updated report must include
61    input from state and local government agencies, stakeholders,
62    private businesses, and citizens and must evaluate the efficacy
63    and necessity of both statewide and local regulation of these
64    materials. To ensure consistent and effective implementation,
65    the department shall submit the updated report with conclusions
66    and recommendations to the Legislature no later than December
67    31, 2021. Until such time that the Legislature adopts the
68    recommendations of the department,
69(1)     Except as provided in s. 500.90, the regulation of
70    auxiliary containers is expressly preempted to the state. A
71    local government, local governmental agency, or state
72    governmental agency may not enact or enforce any rule,
73    regulation, or ordinance regarding the use, disposition, sale,
74    prohibition, restriction, or tax of such auxiliary containers
75    unless authorized by general law.
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76(2)     A local government, local governmental agency, or
77     state governmental agency may adopt rules, regulations, or
78     ordinances restricting the use of glass auxiliary containers
79     within the boundaries of any public beach or state park within
80     its jurisdiction.
81(3)     The Division of Recreation and Parks of the Department
82     of Environmental Protection may adopt rules to regulate
83     auxiliary containers within state parks consistent with s.
84     258.004, wrappings, or disposable plastic bags.
85Section 3.        Paragraph (j) of subsection (9) of section
86     403.707, Florida Statutes, is amended, to read:
87403.707      Permits.—
88(9)     The department shall establish a separate category for
89     solid waste management facilities that accept only construction
90     and demolition debris for disposal or recycling. The department
91     shall establish a reasonable schedule for existing facilities to
92     comply with this section to avoid undue hardship to such
93     facilities. However, a permitted solid waste disposal unit that
94     receives a significant amount of waste prior to the compliance
95     deadline established in this schedule shall not be required to
96     be retrofitted with liners or leachate control systems.
97(j)     The Legislature recognizes that recycling, waste
98     reduction, and resource recovery are important aspects of an
99     integrated solid waste management program and as such are
100    necessary to protect the public health and the environment. If
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101    necessary to promote such an integrated program, the county may
102    determine, after providing notice and an opportunity for a
103    hearing prior to April 30, 2008, that some or all of the
104    material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be
105    excluded from the definition of "construction and demolition
106    debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction
107    of such county. The county may make such a determination only if
108    it finds that, prior to June 1, 2007, the county has established
109    an adequate method for the use or recycling of such wood
110    material at an existing or proposed solid waste management
111    facility that is permitted or authorized by the department on
112    June 1, 2007. The county is not required to hold a hearing if
113    the county represents that it previously has held a hearing for
114    such purpose, or if the county represents that it previously has
115    held a public meeting or hearing that authorized such method for
116    the use or recycling of trash or other nonputrescible waste
117    materials and that such materials include those materials
118    described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall
119    provide written notice of its determination to the department by
120    no later than April 30, 2008; thereafter, the materials
121    described in s. 403.703(7) s. 403.703(6) shall be excluded from
122    the definition of "construction and demolition debris" in s.
123    403.703(7) s. 403.703(6) within the jurisdiction of such county.
124    The county may withdraw or revoke its determination at any time
125    by providing written notice to the department.
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126Section 4.        This act shall take effect July 1, 2026.
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