Auxiliary Containers, Wrappings, and Disposable Plastic Bags
SB 836 amends Florida law governing auxiliary containers, wrappings, and disposable plastic bags by removing the existing state preemption that currently prevents local and state agencies from regulating these items. Under the bill, local governments and other governmental entities would no longer be barred from adopting rules, ordinances, or taxes addressing the use, sale, disposition, prohibition, or restriction of such bags and wrappings. The bill is framed as a change to the state’s approach to recyclable materials and retail bag regulation, allowing more flexibility for local regulation.
The bill also directs the Department of Environmental Protection to review and update its prior report on retail bags and to evaluate whether statewide or local regulation is needed, with input from governments, stakeholders, businesses, and citizens. The updated report is intended to inform legislative action on whether and how these materials should be regulated in the future. The bill takes effect July 1, 2025.
If enacted, SB 836 would repeal Florida’s preemption of local regulation in this area, opening the door for counties, municipalities, and other governmental entities to regulate disposable plastic bags and related auxiliary containers through ordinances, restrictions, or taxes. It would affect retailers, consumers, local governments, and businesses that distribute or use these materials, and it would shift authority away from a uniform statewide rule toward potentially varied local policies. The bill also reinforces DEP’s role in studying the issue and providing recommendations to the Legislature.
No committee transcripts or recorded votes were provided, so there is no direct evidence of debate or formal support/opposition in the available materials. Based on the bill text alone, the measure appears to reflect a policy preference for allowing local control and for revisiting the state’s approach to plastic bag regulation through updated environmental review. The overall tone of the bill is regulatory and environmentally oriented rather than punitive.
The main point of contention is likely the removal of state preemption. Supporters of local control may favor giving cities and counties authority to address litter, waste, and environmental concerns in ways tailored to local conditions, while opponents may argue that a patchwork of local rules would burden retailers and consumers and create inconsistency across Florida. Another likely dispute is whether local governments should be allowed to impose taxes or bans on disposable bags at all, since the bill expressly permits regulation in those areas once preemption is removed.