Retail Bags, Wrappings and Containers Report

The Energy, Climate Change, and Economic Security Act of 2008 (House Bill 7135) signed into law by former Governor Charlie Crist created Section 403.7033, Florida Statutes. This section required the Florida Department of Environmental Protection (DEP) to perform an analysis and submit a report to the Legislature regarding the necessity and efficacy of both statewide and local regulation of bags used by consumers to carry products from retail establishments. DEP's Retail Bags Report was submitted to the Governor, Senate President and House Speaker on Feb. 1, 2010.

Committee Substitute/Senate Bill 694 passed during the 2021 Legislative Session and was signed into law by Governor Ron DeSantis. This bill amends 403.7033 F.S., requiring DEP to review and update the Retail Bags Report. It specifically asks DEP to review and update the 2010 report analyzing 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 report, including recommendations, is due to the Legislature no later than Dec. 31, 2021. 

Until such time 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.

• Report Cover Letter.
• Update to the 2010 Retail Bags Report.

Report Development Process

DEP contracted with the University of Florida for the update of the 2010 Retail Bags Report; including conducting research, developing and administering a survey to gather information and input on retail bags/auxiliary containers and wrappings. A web-based forum was established to collect survey information. The updated report includes the following completed tasks:

1. Compile Local, State, National and International Existing Regulations on Plastic Bags, Auxiliary Containers and Wrappings.
2. Identify Existing Recycling and Reuse Efforts.
3. Collect Data from Florida Retailers on their Use, Collection and Disposal Practices of Plastic Bags/Auxiliary Materials.
4. Conduct Surveys to Various Florida Stakeholders to Understand Plastic Bags, Auxiliary Containers, Wrappings Consumption and Disposal Practices.
5. Identify Alternative Bags and Compare their Environmental Benefit to Plastic Bags.
6. Estimate the Mass Presence of Plastic Bags, Auxiliary Containers and Wrappings in Florida’s Waste Stream that Enters the Ocean and Summarize Environmental and Wildlife Impacts of Ocean and Land Plastic Litter.
7. Provide Recommendations on Necessity of Regulation and Options for Regulatory and Non-Regulatory Management of Plastic Bags, Auxiliary Containers and Wrappings.

Recent Legislation

• CS/ Senate Bill 694

Past Legislation

• Senate Bill 830

     Status: Died in Environmental Preservation and Conservation Subcommittee.

• House Bill 661

     Status: Died in Agriculture and Natural Resources Subcommittee.

Resources

• Retail Bags Report  - 2010 report analyzing the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments.
• State Statute 403.7033 - Section requiring DEP to perform an analysis and update the 2010 report.
• DEP Main Recycling Page - DEP webpage for recycling and waste reduction.
• WRAP Website - DEP partner site offering locator for retail plastic film take-back program.
• Skip The Straw - DEP campaign to reduce impact of single use straws.
• Rethink. Reset. Recycle. - DEP campaign to reduce recycling contamination in Florida.

If you have any questions or comments, please contact Karen Moore.