Alexei Volkov
Florida has preemption laws that prevent local municipalities from taking action to reduce certain single-use plastics. Cities like Miami Beach and Gainesville have succeeded in enacting some regulations despite Florida's preemption law against local plastic bag bans. The City of Hollywood has banned the use of non-biodegradable containers, like plastics and expanded polystyrene foam, for serving food products. Additionally, the city has also banned the intentional release of balloons. Some local thrift stores encourage their customers to reuse plastic bags instead of throwing them out. There have been petitions to ban Publix from giving out free plastic bags, and a proposed state bill would ban the use of plastic bags.
| Characteristics | Values |
|---|---|
| Scope | City of Hollywood, Florida |
| Date Implemented | October 1, 2018 |
| Items Banned | Cups, lids, straws, plates, bowls, utensils, sandwich containers, or other packaging made of plastic, polystyrene plastic, or any nonbiodegradable material |
| Affected Establishments | Any establishment located east of the Intracoastal Waterway selling food intended for consumption off the premises |
| Penalties | Businesses found using banned products after the implementation date may be issued a Code Violation and face fines |
| Exemptions | N/A |
| Related Initiatives | Plastic Free 305 |
| References | Chapter 97.05 of the City of Hollywood Code of Ordinances |
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What You'll Learn
Florida's preemption laws prevent local plastic bans
Florida's plastic pollution problem is a growing concern, with plastic production rapidly polluting the state's water, air, and food. Despite this, Florida has never banned plastic bags, and the state's lawmakers have actively prevented local governments from banning or reducing plastic waste. Florida's preemption laws against local plastic bans are a significant obstacle to limiting the use of single-use plastics and foam in the state.
The concept of preemption refers to a higher authority of law displacing the law of a lower authority when the two conflict. In the case of Florida's preemption laws, the state government has passed laws that supersede the authority of local governments to regulate single-use plastics. This means that cities and counties in Florida are prohibited from enacting bans or restrictions on certain single-use plastic items.
The first preemption bill was passed in 2008, and since then, Florida lawmakers have repeatedly moved to prevent local governments from banning plastic bags and other single-use plastics. As a result, Florida cities and counties have "bans on bans," where they are banned from banning certain plastics. Cities that attempt to defy these preemption laws risk facing lawsuits.
However, some cities in Florida have found creative ways to circumvent these preemption laws and reduce plastic waste. Cities like Miami Beach and Gainesville have successfully enacted regulations despite the state's preemption law against local plastic bag bans. For example, cities can prohibit the sale and distribution of plastic utensils, straws, and other single-use plastics like polystyrene products on public property, including city buildings, parks, and beaches. Additionally, cities can pass administrative policies surrounding purchasing, events, concessions, vendors, and special permits to reduce plastic use.
There have been efforts to repeal Florida's preemption laws and give power back to local municipalities to regulate single-use plastics. Bills have been introduced, such as SB 498, which aimed to remove the preemption of local laws regarding the regulation of auxiliary containers and the use of polystyrene products. Unfortunately, these bills have failed to pass, and Florida continues to struggle with the negative impact of single-use plastics due to the restrictions on local governments' ability to enact bans.
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Plastic straws and utensils are not covered by preemption laws
Florida's plastic pollution problem is a growing concern, with plastic production polluting water, air, and food. Despite the 2008 bill, some plastic reduction measures are in effect in Florida. The state of Florida has never banned plastic bags and has moved in the opposite direction, with preemption laws that prevent local governments from banning plastic bags and other single-use plastics. Florida's preemption laws are a significant obstacle to limiting single-use plastics, and cities will be sued if they try to ban polystyrene foam containers or single-use plastic bags.
However, plastic straws and utensils are not covered by these preemption laws, and cities can prohibit their sale and distribution. Cities like Miami Beach and Gainesville have successfully enacted regulations banning these items, along with other single-use plastics like polystyrene products, bags, and containers on public property. This means that city buildings, beaches, and events can prohibit the sale of these items.
Another strategy cities use to circumvent preemption laws is to ban items like plastic containers, polystyrene foam, and bags on public property only. Cities can also pass administrative policies regarding purchasing, events, concessions, vendors, and special permits. These strategies help Floridian cities implement plastic regulations similar to those in towns like Santa Monica.
Additionally, cities can ban the intentional release of balloons and provide information cards to businesses that sell helium balloons to remind customers not to release them. Cities can also work with businesses to transition to non-polystyrene food packaging and biodegradable or compostable materials. These efforts demonstrate a commitment to reducing environmental impact and promoting sustainability.
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Plastic bags are a significant pollutant
Plastic bags are made from petroleum, and their production has been rapidly increasing. This has led to pollution in our water, air, and food systems. Plastic does not degrade naturally in the environment, and it can persist for hundreds of years, causing long-term harm to land and ocean ecosystems. Microplastics, which form when larger pieces of plastic break down, are especially concerning as they can be ingested by animals and humans, potentially causing unknown health risks.
Despite the efforts of some cities in Florida, like Coral Gables and St. Petersburg, to ban plastic bags, the state has never implemented a statewide ban. On the contrary, Florida lawmakers have consistently blocked local governments from enacting plastic bag bans. This is due to preemption laws, which give the state the authority to override local laws that reduce plastic consumption. These preemption laws have prevented the implementation of single-use plastic bag bans, even in cities with strong environmental initiatives.
However, there is growing support for plastic bag bans in Florida. A 2021 survey found that 93% of Florida residents believe regulations on single-use plastic are necessary. Additionally, a report by Plastic Bag Bans Work estimated that a single-use plastic bag ban in Florida could keep approximately 6.5 billion plastic bags out of the environment each year. This would also save over 33 million gallons of oil annually, as plastic production requires a significant amount of petroleum.
While Florida has not implemented a statewide ban on plastic bags, some cities within the state have successfully enacted regulations. For example, Miami Beach and Gainesville have prohibited the sale and distribution of plastic utensils and straws, which are not covered by the preemption laws. Additionally, cities can ban other single-use plastics, like polystyrene products and containers, on public property, including city buildings, beaches, and events. These local initiatives are crucial in reducing plastic pollution and protecting the environment.
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Plastic production is polluting water, air, and food
Plastic is a synthetic, organic polymer made from fossil fuels, such as gas and petroleum. Over 460 million metric tons of plastic are produced annually, according to the United Nations Environment Programme. It is used in almost all consumer and industrial activities, from construction and vehicles to electronics and agriculture. However, the rapid growth of plastic production is polluting water, air, and food.
Plastic waste is a significant pollutant on land and in the sea, and it does not naturally degrade in the environment. It breaks up into smaller pieces called microplastics, which find their way into the food chain and can cause harm if ingested by animals or humans. Microplastics have been found in human blood and placentas and in food and drinks, including tap water, beer, and salt. They can cause hormonal imbalances, reproductive problems, and even cancer.
Plastic pollution also affects wildlife, as birds, whales, fish, and turtles mistake plastic waste for food. It fills their stomachs, leading to starvation, and causes internal and external injuries that reduce their ability to swim and fly. Floating plastics can transport invasive species, contributing to biodiversity loss and species extinction. Additionally, plastics contain chemicals that are known endocrine disruptors, threatening human health and seeping into the soil. These carcinogenic chemicals can run into groundwater or rivers, impacting exposed people and ecosystems.
Despite the efforts of some cities in Florida, such as Miami Beach and Gainesville, to enact regulations, the state has never banned plastic bags. On the contrary, Florida lawmakers have consistently blocked local governments from implementing bans on plastic bags and other single-use plastics. This has led to initiatives like Plastic Free 305, which includes regulations for cities and statewide efforts. Cities like Hollywood have taken steps to ban single-use plastics and polystyrene on city-owned properties and by city vendors, including on Hollywood Beach.
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Plastic bans are supported by Florida residents
Plastic bans in Florida are a complex issue due to the state's preemption laws, which prevent local municipalities from implementing certain restrictions on single-use plastics and foam. Despite these laws, some cities in Florida have successfully enacted plastic regulations, indicating a desire from residents for more sustainable practices.
Florida's preemption laws give the state the authority to override local laws that aim to reduce plastic consumption. This includes bans on single-use plastic bags and other containers, such as polystyrene foam containers. The state has never banned plastic bags and, in fact, has moved to prevent local governments from doing so. This is despite evidence that plastic bag bans are effective in reducing waste, pollution, and litter.
However, some Florida cities have found ways to circumvent these preemption laws and implement their own plastic regulations. For example, cities can ban plastic utensils, straws, cups, bottles, and plates, as these are not considered "auxiliary containers" under the law. Cities can also ban other single-use plastics, like polystyrene products, bags, and containers, on public property, such as city buildings, parks, and beaches.
The City of Hollywood, for instance, has banned the use of non-biodegradable containers, like plastics and expanded polystyrene foam (EPS), for serving food products. They have also banned the intentional release of balloons within the city. Additionally, some cities in Florida, such as Coral Gables, St. Petersburg, Fort Myers Beach, and Sanibel, have implemented citywide bans on plastic bags and/or straws.
There is strong support from Florida residents for plastic bag bans and single-use plastic regulations. A 2021 survey from the Department of Environmental Protection found that 93% of Florida residents believe regulations on single-use plastic are necessary. Residents like Ruth McGregor, who is often referred to as "the bag lady," advocate for reusable bags to keep plastic out of the environment. Environmental groups and municipalities are also working on initiatives like Plastic Free 305 to keep plastic out of Florida's land, rivers, and springs.
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Frequently asked questions
Florida does not have a statewide law to regulate single-use plastics and foam. However, some cities like Miami Beach, Gainesville, and Coral Gables have succeeded in enacting some regulations despite Florida's preemption law. These include bans on plastic straws, utensils, cups, bottles, plates, containers, and bags on public property.
Preemption means that the state has the authority to "ban" local laws that reduce plastic consumption. In the case of Florida, this means that cities will get sued if they try to completely ban polystyrene foam containers or single-use plastic retail bags.
Disposable plastics include takeout containers, food packaging, straws, and plastic bags. These items are used briefly and then discarded, ending up in the environment and human bodies. They do not degrade naturally, harming land and ocean wildlife. Microplastics, which break away from larger pieces, enter the food chain and can be harmful if ingested.
Businesses may use compostable materials or paper instead of plastic. Sustainable alternatives to plastic for restaurants and events include cups made from materials like bamboo, plant fibres, and corn starch. Customers increasingly demand more eco-friendly options and will be encouraged to do business with environmentally conscious companies.
You can call your Florida state elected officials and ask them to repeal the preemptions on single-use plastics. You can also sign petitions, such as the one to ban Publix from giving out free plastic bags. On an individual level, you can switch to reusable bags and support businesses that use sustainable alternatives to plastic.
