Stop the Expansion of Plastic Preemption in Florida

For the second year in a row, Surfrider and our partners have prevented the expansion of the state's preemption on the regulation of single-use plastic and reusable materials containers, bottles, and bags. We celebrate this important victory that preserves existing local regulations and prevents even more authority from being stripped from local governments.

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 governments' 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. 

During the 2025 Legislative Session, members of the Florida Senate and House 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 proposed law would have negated narrow existing local laws and prevented future action on even more materials and containers. Despite further tying the hands of local governments, the legislation provided no solutions or plan for addressing the growing plastic pollution and waste volume crises across the state.

Surfrider has a long history of opposing the existing preemption and attempts to expand it (which we saw in 2024 as well). We ardently opposed this year's expansion legislation throughout the legislative session. Surfrider's advocates met with state legislators during Florida Healthy Beaches Day to emphasize the on-the-ground impacts of the state's plastic pollution crisis and waste volume issues. Surfrider attended and testified at every committee hearing for the House and Senate bills. Surfrider's Ocean Friendly Restaurants in Florida also lent their voices and experience to the opposition efforts and sent a letter to Florida legislators highlighting how the state policy negatively impacts environmentally-conscious businesses. Surfrider's Florida network took countless actions to call and email state legislators as the bills progressed through the legislative process. We worked closely with key partners, including the Florida Springs Council, Sea Turtle Conservancy, Oceana, and Clean Miami Beach, to show persistent and consistent opposition to this terrible legislation. 

Our efforts saw the House bill sidelined by its sponsor, Representative Omar Blanco, at its second committee stop following the outpouring of public opposition to the bill and the negative impacts it would have in Florida communities and coasts. We thank Representative Blanco for listening to Floridians and our concerns about the legislation.

Despite significant public opposition and comment, the Senate bill progressed through committees and passed off Senate floor. However, without a House companion bill the bad preemption language had to be added into a completely different bill for a chance at passing. The bill sponsor, Senator Jonathan Martin, tried several times to add the expanded container preemption language to HB 1609, a bill that dealt solely with the siting of waste incineration facilities. As the session deadline approached, HB1609 sponsor Representative Meg Weinberger and the Florida House twice refused the addition of the container preemption language to HB1609. Ultimately, the Florida House did not take up the amended HB1609 with the preemption language and the bill died at the close of session on June 16, 2025. We thank Speaker Perez, Rep. Weinberger, Rep. Blanco, the HB1609 co-sponsors, Rep. Bartleman, and the Florida House for listening to Floridians and our concerns. 

We celebrate this victory and stopping a law with expansive and damaging language that would have long-term negative impacts for our coasts, communities, and local economies. Surfrider's Florida network will continue to fight for common-sense, community-supported solutions to plastic pollution and waste problems throughout the state.