Read the full stored bill text
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 1 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to auxiliary containers; amending s. 2
403.703, F.S.; defining the terms "auxiliary 3
container" and "single-use"; amending s. 403.7033, 4
F.S.; deleting obsolete provisions; preempting the 5
regulation of auxiliary containers to the state; 6
providing exceptions; requiring the Department of 7
Environmental Protection to develop a uniform 8
ordinance for the use and disposition of single-use, 9
nonrecyclable auxiliary containers; providing 10
requirements for the development of such ordinance; 11
requiring that the sale or distribution of single-use 12
plastic auxiliary containers on lands managed by the 13
Division of Recreation and Parks of the Department of 14
Environmental Protection be eliminated to the greatest 15
extent possible; prohibiting the use, sale, or 16
distribution of certain single-use auxiliary 17
containers on such lands; requiring the department to 18
develop and make available on its website a statewide 19
Marine Debris Reduction Plan; providing requirements 20
for such plan; repealing s. 500.90, F.S., relating to 21
the regulation of polystyrene products preempted to 22
the Department of Agriculture and Consumer Services; 23
amending s. 403.707, F.S.; conforming cross-24
references; providing an effective date. 25
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 2 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
26
Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Present subsections (2) through (33) and (34) 29
through (48) of section 403.703, Florida Statutes, are 30
redesignated as subsections (3) through (34) and (36) through 31
(50), respectively, new subsections (2) and (35) are added to 32
that section, and present subsection (35) of that section is 33
amended, to read: 34
403.703 Definitions.—As used in this part, the term: 35
(2) "Auxiliary container" means a bag, cup, bottle, can, 36
or other packaging that meets both of the following 37
requirements: 38
(a) Is made of cloth; paper; plastic, including, but not 39
limited to, foamed plastic, expanded plastic, or polystyrene; 40
cardboard and other corrugated material; molded fiber; aluminum; 41
glass; postconsumer recycled material; or similar material or 42
substrates, including coated, laminated, or multilayer 43
substrates. 44
(b) Is designed for transporting, consuming, or protecting 45
merchandise, food, or beverages from or at a public food service 46
establishment as defined in s. 509.013(5), a food establishment 47
as defined in s. 500.03, or a retailer as defined in s. 48
212.02(13). 49
(35) "Single-use" means designed to be used once and then 50
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 3 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
discarded and not designed for repeated use and sanitizing. 51
(37)(35) "Solid waste" means sludge unregulated under the 52
federal Clean Water Act or Clean Air Act, sludge from a waste 53
treatment works, water supply treatment plant, or air pollution 54
control facility, or garbage, rubbish, refuse, special waste, or 55
other discarded material, including solid, liquid, semisolid, or 56
contained gaseous material resulting from domestic, industrial, 57
commercial, mining, agricultural, or governmental operations. 58
Recovered materials as defined in subsection (29) subsection 59
(28) and post-use polymers as defined in subsection (25) 60
subsection (24) are not solid waste. 61
Section 2. Section 403.7033, Florida Statutes, is amended 62
to read: 63
403.7033 Regulation of auxiliary containers Departmental 64
analysis of particular recyclable materials.—The Legislature 65
finds that prudent regulation of recyclable materials is crucial 66
to the ongoing welfare of Florida's ecology and economy. As 67
such, the Department of Environmental Protection shall review 68
and update its 2010 report on retail bags analyzing the need for 69
new or different regulation of auxiliary containers, wrappings, 70
or disposable plastic bags used by consumers to carry products 71
from retail establishments. The updated report must include 72
input from state and local government agencies, stakeholders, 73
private businesses, and citizens and must evaluate the efficacy 74
and necessity of both statewide and local regulation of these 75
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 4 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
materials. To ensure consistent and effective implementation, 76
the department shall submit the updated report with conclusions 77
and recommendations to the Legislature no later than December 78
31, 2021. Until such time that the Legislature adopts the 79
recommendations of the department, 80
(1) PREEMPTION OF THE REGULATION OF AUXILIARY CONTAINERS.—81
A local government or, local governmental agency, or state 82
governmental agency may not enact any rule, regulation, or 83
ordinance regarding the use, disposition, sale, prohibition, 84
restriction, or tax of such auxiliary containers which is 85
inconsistent with this section, wrappings, or disposable plastic 86
bags. This subsection does not apply to rules, regulations, or 87
ordinances that do any of the following: 88
(a) Restrict the use of glass auxiliary containers within 89
the boundaries of any public property. 90
(b) Restrict the use, sale, or distribution of auxiliary 91
containers enacted before January 1, 2026. 92
(c) Restrict the use, sale, or distribution of single-use 93
plastic auxiliary containers within the boundaries of any public 94
property. 95
(2) CREATION OF A UNIFORM ORDINANCE FOR AUXILIARY 96
CONTAINERS.—The department shall develop a uniform ordinance for 97
the use and disposal of single-use, nonrecyclable auxiliary 98
containers which may be adopted and enforced by local 99
governments. 100
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 5 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) In developing the uniform ordinance, the department 101
shall collaborate with a broad range of stakeholders, including 102
local governments, environmental groups, businesses, and other 103
interested parties, to encourage cooperation and consensus 104
building. 105
(b) In developing the uniform ordinance, the department 106
shall hold at least three public workshops with such 107
stakeholders described in paragraph (a). The department shall 108
allow public participation in person and through communications 109
media technology. The department shall hold workshops in 110
different regions of this state to maximize public 111
participation. 112
(c) In developing the uniform ordinance, the department 113
shall advance measures in furtherance of the following: 114
1. Limiting the distribution and use of single-use, 115
nonrecyclable auxiliary containers through bans, fees, or 116
deposit systems. 117
2. Promoting the use of recyclable or compostable 118
auxiliary containers and encouraging businesses to offer 119
voluntary incentives for customers to bring reusable auxiliary 120
containers. 121
3. Establishing waste reduction and collection programs 122
for single-use auxiliary containers. 123
4. Creating enforcement mechanisms, including penalties, 124
for businesses that do not comply with auxiliary container 125
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 6 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
regulations. 126
(d) The department shall begin engaging with stakeholders 127
through workshops and solicitation no later than October 1, 128
2026, and finalize the uniform ordinance by October 1, 2027. 129
(3) SINGLE-USE AUXILIARY CONTAINERS ON STATE LAND.—Within 130
any lands managed by the Division of Recreation and Parks of the 131
Department of Environmental Protection: 132
(a) The sale or distribution of single-use plastic 133
auxiliary containers must be eliminated to the greatest extent 134
possible. 135
(b) The use, sale, or distribution of single-use auxiliary 136
containers that contain polystyrene foam is prohibited. 137
(4) STATEWIDE MARINE DEBRIS REDUCTION PLAN.—By December 138
31, 2026, the department shall develop and make available on its 139
website a statewide Marine Debris Reduction Plan. At a minimum, 140
the plan must include all of the following: 141
(a) Recommendations for data collection and reporting 142
protocols. 143
(b) Identification of key infrastructure or policy gaps 144
regarding persistent litter into marine and coastal 145
environments. 146
(c) Strategies for reducing the generation and discharge 147
of plastics, polystyrene, and other persistent litter into 148
marine and coastal environments. 149
(d) A proposed funding and implementation framework. 150
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 7 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(e) Recommendations for a competitive grant program to 151
provide financial assistance to local governments and nonprofits 152
to reduce marine debris. 153
Section 3. Section 500.90, Florida Statutes, is repealed. 154
Section 4. Paragraph (j) of subsection (9) of section 155
403.707, Florida Statutes, is amended to read: 156
403.707 Permits.— 157
(9) The department shall establish a separate category for 158
solid waste management facilities that accept only construction 159
and demolition debris for disposal or recycling. The department 160
shall establish a reasonable schedule for existing facilities to 161
comply with this section to avoid undue hardship to such 162
facilities. However, a permitted solid waste disposal unit that 163
receives a significant amount of waste prior to the compliance 164
deadline established in this schedule shall not be required to 165
be retrofitted with liners or leachate control systems. 166
(j) The Legislature recognizes that recycling, waste 167
reduction, and resource recovery are important aspects of an 168
integrated solid waste management program and as such are 169
necessary to protect the public health and the environment. If 170
necessary to promote such an integrated program, the county may 171
determine, after providing notice and an opportunity for a 172
hearing prior to April 30, 2008, that some or all of the 173
material described in s. 403.703(7)(b) s. 403.703(6)(b) shall be 174
excluded from the definition of "construction and demolition 175
HB 575 2026
CODING: Words stricken are deletions; words underlined are additions.
hb575-00
Page 8 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
debris" in s. 403.703(7) s. 403.703(6) within the jurisdiction 176
of such county. The county may make such a determination only if 177
it finds that, prior to June 1, 2007, the county has established 178
an adequate method for the use or recycling of such wood 179
material at an existing or proposed solid waste management 180
facility that is permitted or authorized by the department on 181
June 1, 2007. The county is not required to hold a hearing if 182
the county represents that it previously has held a hearing for 183
such purpose, or if the county represents that it previously has 184
held a public meeting or hearing that authorized such method for 185
the use or recycling of trash or other nonputrescible waste 186
materials and that such materials include those materials 187
described in s. 403.703(7)(b) s. 403.703(6)(b). The county shall 188
provide written notice of its determination to the department by 189
no later than April 30, 2008; thereafter, the materials 190
described in s. 403.703(7) s. 403.703(6) shall be excluded from 191
the definition of "construction and demolition debris" in s. 192
403.703(7) s. 403.703(6) within the jurisdiction of such county. 193
The county may withdraw or revoke its determination at any time 194
by providing written notice to the department. 195
Section 5. This act shall take effect July 1, 2026. 196