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04.03.24

Florida Celebrates Two Major Victories for Plastic Pollution

Florida’s ocean advocates at Surfrider Foundation are celebrating two victories to address plastic pollution in the Sunshine State in the aftermath of the Florida state legislative session. The first is the passage of a new state law aimed at banning intentional balloon releases, and the second aimed at stopping a newly proposed law that would make it even more difficult for local communities and the state to regulate single use plastic items.  

Balloon litter poses a significant threat to Florida’s ocean, waves, and beaches, and the communities and economies that depend on them. Balloons, and the strings and ribbon affixed to them, are one of the most deadly items for marine life, and the only items that can be legally littered without repercussion under state law.  With balloons among the most common items found on beaches during cleanups, Surfrider’s network has helped pass more than 31 balloon laws nationwide, including in local communities in Florida. 

While local governments throughout the state have elected to ban balloon releases from their communities altogether, a pesky loophole in Florida statutes allowed individuals to release up to ten helium-filled balloons per day. This statute is confusing for members of the public and enforcement alike, and urgently needed to be clarified to ensure intentionally released balloons do not clog our beaches and waterways. To prevent what goes up from coming back down to pollute where it lands, Surfrider and its partners statewide advocated to repeal the intentional balloon release provision, and ensure intentionally released balloons are subject to the same fines and penalties as other types of litter under Florida’s existing litter law

Surfrider’s Florida network supports HB321 / SB602 Release of Balloons, sponsored and championed by Representative Linda Chaney and Senator Nick DiCeglie. Building on momentum from advocacy during the 2023 legislative session and Florida Healthy Beaches Day, Surfrider’s 11 chapters and 8 clubs in Florida worked alongside state partners at Oceana, Ocean Conservancy, Sierra Club, and Sea Turtle Conservancy to advocate for this bill with members of the state legislature during the 2024 legislative session. The bill also enjoyed support from the Florida Cattleman's Association and Florida Retail Federation. 

Our network lobbied for this bill to be placed on committee agendas with committee chairs, supported the bill in committee, helped draft bill and amendment language, advocated for the bill during the 2024 Florida Healthy Beaches Day, sent emails and made phone calls to legislators to support the bill, and worked diligently to support this bill from committee weeks to the final floor vote. With the enactment of this law, Surfrider looks forward to finding fewer balloons on beaches during their regular cleanup, and protecting Florida’s ocean from the impacts of balloons. The bill is still pending enactment and awaiting signature by Florida’s Governor. Surfrider’s Florida network is calling on the Governor to swiftly sign this important bill to address plastic pollution into law. 

In addition to this proactive policy change, Surfrider advocates killed a bill that would have expanded the existing state preemption on the regulation of most types of single use plastic to include reusables and containers, bags, cups and bottles made from more recyclable or compostable sources. Surfrider’s Florida network mobilized when HB1641/SB1126 was introduced and swiftly placed on committee agendas for a fast track to passage. Ocean advocates vocally and vehemently opposed this bill alongside numerous conservation organizations including Florida Springs Council, Oceana, and Sierra Club Florida during its first committee stops, pointing out harm to beaches, springs, and wildlife, and its direct contradiction to state agency recommendations. The bill was ultimately temporarily postponed from further consideration and died on March 8, 2024. 

These victories are particularly significant in Florida, which has been paralyzed from addressing plastic pollution at the source at the state level for years. While the existing preemption has been the status quo for over a decade, this year’s actions to prohibit balloon releases and the full stop of an attempt to expand and entrench plastic preemption is a leap in the right direction. Our network is excited to build on the momentum to address plastic pollution from the 2024 legislative session and pass more legislation to eliminate plastic from the state’s ocean and beaches.