Sofia Martinez
In 2008, Florida became the first state to implement a ban on local plastic bag bans and fees, with then-Governor Ron DeSantis preempting most local regulations of polystyrene and plastic bags. This legislation was influenced by the American Legislative Exchange Council (ALEC) and special interests, hindering grassroots efforts to address plastic pollution. Despite some pushback and the prevalence of plastic ordinances in recent years, Florida currently lacks a statewide law regulating single-use plastics, and cities face legal repercussions for attempting to ban plastic bags.
| Characteristics | Values |
|---|---|
| Florida's statewide law on single-use plastics | Does not exist |
| Preemption laws | Prevent local municipalities from taking action to reduce single-use plastics |
| Preemption laws | Prevent local governments from enforcing existing policies on single-use plastics |
| Preemption laws | Prevent local governments from passing new policies on single-use plastics |
| Governor DeSantis' stance | Vetoed a bill that would have stopped local governments from banning single-use plastic straws |
| Governor DeSantis' stance | Supported local governments' right to ban plastic straws without fear of legal repercussions |
| Number of municipalities in Florida with policies on single-use plastics | Over 50 |
| Examples of municipalities with policies on single-use plastics | Sanibel, Ft. Myers Beach, Miami Beach, Coral Gables, St. Augustine Beach, Gainesville, Surfside, Palm Beach, Leon County, Seminole County, Orlando |
| Impact of preemption laws | Halt the momentum of local bans to prevent them from becoming a statewide movement |
| Impact of preemption laws | Overturn local elections |
| Impact of preemption laws | Punish cities by cutting state funds |
| Impact of preemption laws | Threaten local officials with steep fines and criminal charges |
| Year Florida preempted local plastic bag bans | 2008 |
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What You'll Learn
Florida's 2008 preemption on local plastic bag bans
In 2008, Florida became the first state to pass a preemption bill prohibiting local governments from regulating, taxing, or banning auxiliary containers, disposable plastic bags, or wrappings. This bill was supported by bag manufacturers and the plastic industry, with legislative model language often provided by the American Legislative Exchange Council (ALEC). The intent of this preemption legislation was to halt the momentum of local bans before they grew into a statewide movement.
The preemption bill has been contested, with some cities implementing other restrictions, such as banning plastic straws. Additionally, around 19 municipalities have local regulations, some of which restrict the use of single-use plastic bags. Cities like Miami Beach and Gainesville have circumvented the preemption laws by banning single-use plastics on public property.
There have been attempts to repeal the preemption bill and restore "home rule," allowing local governments to regulate plastic bags locally. In 2017, bills advocating for the ability to regulate plastic bags, SB 162 and HB 93, were put forward but were not passed. In 2019, Governor DeSantis vetoed a bill that would have banned cities from enacting plastic straw ordinances.
Despite evidence that plastic bag bans are effective in reducing waste, pollution, and litter, Florida's 2008 preemption bill continues to restrict local governments from implementing such bans. The state's focus on preempting local regulations on single-use plastics has been a significant obstruction to limiting their use and addressing plastic pollution.
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Governor DeSantis' 2019 veto of a bill to ban plastic straws
On May 10, 2019, Florida Governor Ron DeSantis vetoed a bill that would have prohibited local bans on plastic straws. The bill, HB 771, was passed by the Florida Legislature on April 30, 2019, and would have required local governments to lift existing plastic straw bans and restrict future regulations.
In his veto letter, DeSantis noted that several Florida municipalities, including Sanibel, Ft. Myers Beach, and Miami Beach, had already enacted ordinances prohibiting single-use plastic straws. He agreed that these local bans had "not frustrated any state policy or harmed the state's interests." On the contrary, they complied with the Florida Department of Environmental Protection's (DEP) goal to limit the use of such straws. The DEP is currently working to reduce single-use plastics and promote the "Skip the Straw" initiative, which aims to reduce plastic pollution by encouraging citizens, businesses, and schools to cut down on plastic straws and other single-use plastics.
DeSantis' decision to veto the bill was applauded by environmental groups and local governments. It also reinforced his image as an "environmentalist governor," a theme that emerged during his campaign. Despite considerable skepticism, DeSantis has been praised for breaking away from his Republican peers on environmental issues, including plastic straw bans and smokable medical marijuana.
However, the bill to ban plastic straw bans had its defenders, including libertarian outlets like Reason magazine. They argued that straws constitute a tiny portion of America's plastic litter and global plastic pollution, and banning them would have a negligible impact on the world's oceans. Nevertheless, environmentalists and local governments highlighted the negative impact of single-use plastic straws on Florida's land, wildlife, and oceans, emphasizing the importance of local control in addressing these issues.
While Florida does not have a statewide law regulating single-use plastics, individual cities have taken steps to address this issue. More than 50 municipalities in Florida have enacted policies to reduce single-use plastics, and local governments continue to advocate for repealing preemption laws that hinder their ability to regulate plastic pollution effectively.
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Preemption repeal bills to restore 'home rule'
In 2008, Florida became the first state to implement a ban on local plastic bag bans and fees. This was followed by a similar preemption on most local regulations of polystyrene. These preemption measures were pushed by the plastic industry, with legislative model language provided by the American Legislative Exchange Council (ALEC). As a result, cities in Florida, such as Coral Gables, St. Augustine Beach, Gainesville, Surfside, and Palm Beach, were forced to repeal their bag and/or foam ordinances.
The intent behind these preemption laws is to prevent local bans from gaining momentum and spreading across the state. However, this has led to a situation where Florida lacks a statewide law to regulate single-use plastic and foam, and cities are left dealing with the negative consequences of plastic pollution. In response, several preemption repeal bills have been introduced to restore "home rule" and empower local municipalities to regulate single-use plastics and foam.
One such bill, SB 1126/HB 1641, sought to ban cities from enacting plastic straw ordinances, but it was vetoed by Governor DeSantis. In his veto letter, Governor DeSantis acknowledged that several Florida municipalities had already successfully enacted ordinances prohibiting single-use plastic straws, and that these measures had not harmed state interests.
Despite the success of vetoing harmful preemption bills, the underlying issue of plastic pollution remains. Florida continues to lack a statewide law regulating single-use plastics, and cities are still prohibited from enacting their own comprehensive bans. This has prompted calls for further action, including petitions to Governor DeSantis to remove the ban on banning single-use plastic bags and support for preemption repeal bills.
The push for preemption repeal bills is not unique to Florida. In Washington, D.C., Congresswoman Eleanor Holmes Norton has spoken out against bills introduced by Senator Mike Lee and Congressman Andrew Ogles to repeal the District of Columbia Home Rule Act. She characterized these bills as "anti-democratic" and indicative of the progress made toward D.C. statehood.
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Municipalities' bans on plastic bags
In the early 21st century, a global trend emerged towards phasing out lightweight plastic bags. Single-use plastic bags, often given out freely by stores, are made from low-density polyethylene plastic. They are non-biodegradable, use non-renewable resources, and are difficult to dispose of, impacting the environment negatively.
Many jurisdictions have implemented a fee-only approach to reducing plastic bag usage, such as Connecticut, Washington D.C., and Montgomery County in Maryland. Some US states, including Florida, Arizona, and Missouri, have laws that prevent local municipalities from passing their own bans on plastic bags. In 2008, Florida became the first state to preempt local plastic bag bans and fees, and it later preempted most local regulations of polystyrene. This was driven by the plastic industry and bag manufacturers, with model language often provided by the American Legislative Exchange Council (ALEC). These preemption measures are particularly concerning in states with open waterways, such as Florida.
Despite these preemption laws, over 50 municipalities in Florida have taken action against single-use plastics. Cities like Sanibel, Fort Myers Beach, and Miami Beach have successfully enacted ordinances prohibiting single-use plastic straws. Additionally, the Florida Department of Environmental Protection has encouraged Florida residents, schools, and businesses to reduce plastic straw use.
However, some cities in Florida have faced challenges when attempting to regulate single-use plastics. Cities like Coral Gables, St. Augustine Beach, Gainesville, Surfside, and Palm Beach were forced to repeal their bag ordinances due to threats of legal action from the Florida Retailers Federation.
Outside of Florida, several other states and territories in the US have also banned disposable bags, including California, Connecticut, Delaware, Hawaii, Maine, New Jersey, New York, Oregon, Vermont, Washington, American Samoa, Guam, the Northern Mariana Islands, the US Virgin Islands, and Puerto Rico. By September 2018, about 350 counties and municipalities had enacted ordinances to either impose a fee or ban plastic bags outright. Internationally, countries like Chile and Panama have also implemented plastic bag bans.
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Plastic pollution in Florida
Plastic pollution is a pressing issue in Florida, with the state facing challenges in addressing the problem due to a lack of comprehensive legislation and the presence of preemption laws.
Florida does not have a statewide law regulating single-use plastic or foam, which has created obstacles in reducing plastic pollution. Instead, Florida has preemption laws that prevent local municipalities from taking effective action to ban certain single-use plastics and foam. These preemption laws have been in place since 2008, when Florida became the first state to preempt local plastic bag bans and fees. This has been detrimental, especially considering Florida's proximity to open waterways.
Despite the efforts of local governments and municipalities, the state's preemption laws have hindered progress. About 19 municipalities in Florida have implemented bans on single-use plastics, demonstrating their commitment to reducing plastic pollution. However, cities like Coral Gables, St. Augustine Beach, Gainesville, Surfside, and Palm Beach have been forced to repeal their bag and foam ordinances due to threats of legal action from organizations like the Florida Retailers Federation. This conflict between local governments and state-level preemption laws has created a complex dynamic in Florida's fight against plastic pollution.
The issue of plastic pollution in Florida goes beyond just plastic bags. Plastic pellets, also known as nurdles, are a significant contributor to pollution in Florida's waterways. These pellets are the building blocks of plastic products and are often transported by railroad, ship, and highway. Unfortunately, spills and dumping of these pellets are common, leading to pollution in Florida's waters. The pellets are small and easily mistaken for fish eggs by marine life, causing toxic effects and even death.
Efforts to address plastic pollution in Florida have been met with challenges. Governor Ron DeSantis has been urged to take action on plastic pollution, and he successfully vetoed a bill that would have banned local governments from enacting plastic straw ordinances. However, the state's preemption laws remain in place, and bills aimed at reducing single-use plastics have failed to pass.
In conclusion, plastic pollution is a significant issue in Florida, and the lack of statewide regulation and the presence of preemption laws have hindered progress. Local municipalities have shown initiative in reducing single-use plastics, but they face legal obstacles. The state's unique ecological features, such as its proximity to open waterways, underscore the urgency of addressing plastic pollution. Comprehensive legislation and the support of Governor DeSantis are needed to empower local governments and make significant strides in combating plastic pollution in Florida.
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Frequently asked questions
No, Governor DeSantis did not preempt plastic bag bans in Florida. In fact, he vetoed a bill in 2019 that would have banned cities from banning plastic straws.
Florida was the first state to preempt local plastic bag bans and fees in 2008. Cities like Coral Gables, St. Augustine Beach, Gainesville, Surfside, and Palm Beach have repealed their bag ordinances due to threats of legal action from the Florida Retailers Federation.
Individuals can support plastic bag bans in Florida by signing petitions, contacting their local representatives, and writing letters to Governor DeSantis and local newspapers to raise awareness and advocate for policy changes.
