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Stop the Expansion of Plastic Preemption in Florida

Stop the Expansion of Plastic Preemption in Florida

Goal: Prevent state preemption on the regulation all single-use and reusable, bottles, bags, and containers.

Since 2008, Florida has been paralyzed from taking meaningful action to address plastic pollution that plagues the state's ocean and beaches. The existing state preemption removes local government's ability to reduce or eliminate many of the sources of plastic that clog sandy beaches, harm waterways, and negatively impact the state's tourism economy. 

While Surfrider Foundation's Florida network has rigorously advocated to repeal this preemption and enact laws that prevent easily littered items  and plastic from entering marine habitats, the state has yet to enact any of the regulatory and non-regulatory measures recommended by the Department of Environmental Protection. 

Now, during the 2025 legislative session, members of the Florida Senate and House have introduced legislation (SB1822/HB565) that would greatly expand and entrench the existing preemption on the regulation of most plastics to include single-use and reusable bottles, bags, cups, containers, and wrappings sourced from a variety of materials to the state. The bill would not allow any agency or entity to legislate on this issue. 

Surfrider has a long history of opposing the existing preemption and we will ardently oppose this expansion legislation just as we have done in previous years. Staff and members of our network statewide will engage key legislators in the House and Senate to oppose the bill, lobby against the bill during Florida Healthy Beaches Day, and make Floridians' voices heard to stop this egregious preemption expansion. We will work in partnership with Florida Springs Council, Sea Turtle Conservancy, Oceana, Clean Miami Beach, and Ocean Conservancy. 

An estimated 7,000 tons of plastic enter Florida's ocean each year. With negative impacts for tourism, public health, and marine life and ecosystems, Floridians want solutions -- not more roadblocks to addressing the problem. 

Take Action!

Bad container preemption language does not pass in the 2025 Florida Legislative Session! In the final hours of the last day of regular session, the House did not take up HB1609 with the bad container preemption language. After twice refusing the language added by the Senate, the Florida House adjourned without taking this bill up for a vote before the end of regular session. This means the bad container preemption language will not pass this session. We thank Speaker Perez, Rep. Weinberger, Rep. Blanco, HB1609 co-sponsors, Rep. Bartleman, and the Florida House for listening to Floridians and concerns about this language. We thank Sen. Garcia and Sen. Smith for key questions and debate in the Senate that highlighted the problems with this language and the negative impacts for our coasts, communities, and local economies.