Auxiliary Containers, Wrappings, and Disposable Plastic Bags:
HB 6023 would amend section 403.7033, Florida Statutes, to remove the state’s preemption over local regulation of auxiliary containers, wrappings, and disposable plastic bags. In practical terms, the bill would allow local governments and state agencies to adopt rules, ordinances, or other regulations governing the use, disposal, sale, prohibition, restriction, or taxation of these items, rather than leaving that field reserved to the state.
The bill is framed as an environmental and local-governance measure. It references the Department of Environmental Protection’s role in reviewing the need for updated regulation of retail bags and related materials, and it would open the door for communities to respond to local waste, litter, recycling, and plastic pollution concerns with their own policies. The effective date is July 1, 2025.
If enacted, HB 6023 would significantly change Florida’s existing preemption framework by restoring authority to local governments and agencies to regulate disposable plastic bags and related packaging materials. This would affect municipalities, counties, and state agencies that currently cannot impose local bans, restrictions, or taxes on these items. It would also potentially affect retailers, consumers, waste management systems, and environmental regulators by creating the possibility of a patchwork of local rules across the state.
The bill appears to have been introduced as a pro-local-control and pro-environment proposal, but the available record shows no committee transcript or vote history indicating active support or opposition in debate. Its final status—died in the Natural Resources & Disasters Subcommittee—suggests it did not advance, which is consistent with the fact that preemption repeal measures on plastic bag regulation are often politically contentious even when framed around environmental protection.
The main point of contention is the balance between statewide uniformity and local autonomy. Supporters would likely favor giving cities and counties flexibility to address plastic waste, litter, and recycling challenges in ways tailored to local conditions. Opponents would likely argue that removing preemption could create inconsistent local regulations, compliance burdens for retailers and consumers, and economic impacts from bans or taxes that vary by jurisdiction. The bill’s reference to possible local taxes also suggests that taxation authority over disposable bags could be a particular flashpoint.