Rejecting bans, Florida holds onto single-use plastic bags By EPN Staff Since 2008, as part of a broader state trend of preempting local regulations, Florida has prohibited plastic bag bans at the local level. And last year, proposed SB 1126 could have changed the language of this ban to be more restrictive, “expressly preempting” the regulation of “auxiliary containers,” or any reusable or single-use bag, cup, bottle or packaging, to the state. This year could present another opportunity. With the 2025 Florida legislative session beginning on March 4, legislators have until Feb. 28 to file final new bills, or new versions of old ones, such as the preemptive plastic bag ban, which might have impacted Miami-Dade County’s decision to limit single-use plastics at public facilities or other Florida municipalities that have some type of restrictive plastics policy. Why it matters In recent years, legislators have brought forth various proposals aiming to end the ban on bag bans. That includes last year’s SB 498, sponsored by Florida Sen. Linda Stewart (D-Orlando), which would have eliminated the preemption of plastic bag bans. The former state Senator had proposed the legislation in varying sessions to no success – in 2024, it died in the first committee. The municipalities themselves have even asked for the right to decide – more than 30 local governments in Florida have passed resolutions asking for home rule on plastic bags, according to the Surfrider Foundation. In 2017, HB 93 was proposed, which would have allowed for a municipal pilot program regulating plastic bags, but it died in committee. The bigger picture Florida is one of 19 states to have a statewide ban on plastic bag bans, according to data provided by the Retail Industry Leaders Association. Only 12 states have a statewide ban on single-use plastic bags, but more than 500 municipalities in 28 states have adopted these bans locally. A 2024 report from groups including Environment America found that U.S. plastic bag bans in five states and cities had reduced the annual number of plastic bags used by roughly six billion. One plastic bag ban could eliminate as many as 300 bags per person, according to the report. But plastic bags also have their supporters. The rollout of New Jersey’s statewide ban came with challenges for both its disabled and low-income community, who often weren’t aware of the exact rules or were economically hampered by the cost of reusable bags. More details In 2020, roughly 7,000 tons of plastic entered the state’s marine environment, according to an estimate cited by Florida’s Department of Environmental Protection. From 2013 to 2020, the amount of plastic grocery bags collected as litter on Florida’s shorelines increased by 93 percent. That same report noted that 82% of resident stakeholders indicated they were willing to support additional waste reduction, reuse and recycling through higher fees. Environmentalists advocate for plastic bag bans in part due to high levels of worldwide plastic pollution. Eleven million metric tons of plastics enter the world’s oceans each year, according to the United Nations Foundation, and the total amount of plastic waste is set to triple by 2060.
