Reversing Preemption
on Plastic & Polystyrene
Unfortunately these bills died in committee this legislative season. Stay tuned for 2020/21 legislative season to pick up the charge!
As many of you most likely know, Home Rule and Preemption are hot topics for municipalities in our state. While preemption encroaches on many areas, we are specifically focusing on the one close to our hearts. We have an opportunity to reverse plastic and polystyrene preemption with House Bill 6043 and Senate Bill 182.
The Town of Palm Beach has most recently made some steps, following Coral Gables and Gainesville. Other Florida municipalities (especially coastal ones) need to follow in Palm Beach’s footsteps (see Recent Backstory below) and enact a resolution strongly encouraging the state legislature to approve House Bill 6043 and Senate Bill 182. in repealing the preemption of local laws in regards to single use plastic and polystyrene materials.
Email/Tweet/Write and Rally
We have less than 60 days (from the start of the FL legislative session on 1/14/20) to reverse preemption of single-use plastic bags and polystyrene in Florida ! We should be able to regulate these items at the local level.
We Need To Support These Bills By:
-
Calling on your local commissioners to draft a resolution like T of PB
(see sample below) -
Contact Governor DeSantis to support these bills
Remember, he vetoed the proposed preemption on straws in the 2019 session! (see sample and contact info. below) -
Write your local newspaper (see sample below)
-
Email the committee members of the House and Senate
(see samples and contact info below - there are six committees!)
See below for sample text and contact information for all of these initiatives.
The Recent Backstory
On June 11, 2019, the Town of Palm Beach Town Council adopted Ordinance No. 24-2019, to prohibit the use of expanded polystyrene containers and single-use carry out plastic bags, within the corporate limits of their town.
In the weeks following the Town Council approval of the ordinance, the town received a letter from the Florida Retail Federation and Florida Restaurant & Lodging Association requesting the Town to repeal the Ordinance based upon the regulation of plastic bags and polystyrene under Florida Statutes, Ch. 403.7033 and Ch. 500.90. (a similar letter was sent to multiple municipalities in our state who were also attempting to regulate single use plastic.) At the August 14, 2019 Town Council meeting, Emergency Ordinance No. 37-2019 was requested to repeal the previously approved ban, in order to comply with the preemptive state statute.
While trying to obey the law but also make it known that they did not agree, the Town of Palm Beach adopted Resolution 122-2019 at their October 10, 2019 meeting, which strongly encourages the State Legislature to approve Senate Bill 182 (and now House Bill 6043), to remove preemption, related to single-use plastic bags and polystyrene materials.
Write to:
Florida House of Representatives Commerce Committee
Dear Florida House of Representatives Commerce Committee Members:
On behalf of the many like minded cities, counties and citizens across the great State of Florida, I write to you today to urge you to support House Bill 6043.
All one has to do is walk the tideline and you will see that our oceans and other water bodies have become a human dumping ground, particularly for plastics that either do not breakdown or are slow in doing so. Single-use and other plastic products create unique problems for landfill management and marine life. It is time Florida localities, particularly Florida coastal communities, have the right to regulate these materials that create these problems should they so choose. Our Governor was of the same opinion in regard to plastic straws and stirrers.
Please give Florida local governments the ability to regulate plastics and other materials that are detrimental to our environment and marine life. Thank you.
Mike.LaRosa@myfloridahouse.gov
Jason.Fischer@myfloridahouse.gov
Alex.Andrade@myfloridahouse.gov
Loranne.Ausley@myfloridahouse.gov
James.Bucchanan@myfloridahouse.gov
Joseph.Casello@myfloridahouse.gov
Byron.Donalds@myfloridahouse.gov
JuanF.Barquin@myfloridahouse.gov
Heather.Fitzenhagen@myfloridahouse.gov
Toby.Overdorf@myfloridahouse.gov
Rene.Plascenia@myfloridahouse.gov
Will.Robinson@myfloridahouse.gov
Wesley.Rodrigues@myfloridahouse.gov
Anthony.Sabatini@myfloridahouse.gov
David.Santiago@myfloridahouse.gov
David.Silvers@myfloridahouse.gov
Richard.Stark@myfloridahouse.gov
Write to:
Members of the Senate Community Affairs Committee Members
Dear Senate Community Affairs Committee Members:
Please consider passing Senate Bill 182 to change preemption laws for single-use plastics. We should be able to self-determine single-use plastic use in our cities and counties without state interference? Why ban single-use plastics? Combined polystyrene, single-use plastic bags (for shopping, trash, groceries, clothes, etc.), plastic cups, straws and silverware all pose major impacts on the environment and its inhabitants. Plastic in its many forms, do not fully degrade, accumulate and overburden landfills, introduce unsafe chemicals into the environment, are hazardous for land and aquatic animals due to mistaken ingestion, and create impediments to waste reduction and recycling goals, while creating unsightly litter.
Thank you for your consideration. Your vote to pass Senate Bill 182 will progress municipalities’ rights to free their environments of single-use plastics, and improve and preserve Florida’s natural beauty for future generations.
flores.anitere.web@flsenate.gov
simmons.david.web@flsenate.gov
Write to:
The Editor of Your Local Newspaper
The town of Palm Beach has been trying to prohibit the use of single use plastic bags and expanded polystyrene containers (coffee cups, clamshell food containers, etc.) but has been unable to because of state preemption statutes. The preemption statutes, Florida Statutes Ch.403.7033 and Ch.500.90, remove the ability of all cities and towns in Florida, to determine for themselves whether to regulate or prohibit the use of these products.
This is an important issue to (name of my town/city). It is in the best interest of our health, safety and welfare to reduce litter and pollutants on the land and in the waters in and surrounding our area. Single-use plastic bags are detrimental to our environment. They do not fully degrade, they overburden landfills, introduce unsafe chemicals into the environment, become litter and create hazards for land and aquatic animals due to ingestion. They also create impediments to waste reduction and recycling goals, while creating unsightly litter.
Please stand up for our local rights. Contact Governor DeSantis and urge the State Legislature to approve Senate Bill 182 and House Bill 6043, relating to the removing preemption language related to single-use plastic bags and polystyrene materials.
Write to:
Your State Senator or House Representative
I write to you deeply concerned, and ask you to vote YES on Senate Bill 182 or House Bill 6043 to change preemption laws for single-use plastics. Our Florida cities, counties and towns should be able to self-determine single-use plastic use without state interference. Why ban single-use plastics? Combined polystyrene and single-use plastic bags (for shopping, trash, groceries, clothes, etc.), plastic cups, straws and silverware all pose major impacts on the environment and its inhabitants. Plastic in its many forms, does not fully degrade, it accumulates and overburdens landfills, introduces unsafe chemicals into the environment, is hazardous for land and aquatic animals due to mistaken ingestion, and creates impediments to waste reduction and recycling goals, while creating unsightly litter.
Thank you for your consideration. Your vote to pass Senate Bill 182/House Bill 6043 will progress municipalities’ rights to free their environments of single-use plastics, and improve and preserve Florida’s natural beauty for future generations. It will also preserve Home Rule, something that should never be taken away from us and is our right to enact.
Why should we ban single-use plastics?
Single-use plastic bags are detrimental to our environment. They do not fully degrade, they overburden landfills, introduce unsafe chemicals into the environment, become litter and create hazards for land and aquatic animals due to ingestion, and create impediments to waste reduction and recycling goals, while creating unsightly litter.
In the best interest of the public health, safety and welfare of our residents and visitors to reduce litter and pollutants on the land and in the waters in and surrounding the state of Florida.
Write to:
Governor DeSantis
Dear Governor DeSantis,
Currently there are two bills moving through the legislative committees and I consider them to be incredibly important for the future of Florida. They are House Bill 6043 and Senate Bill 182. These bills relate to the reversal of the preemption on plastic, as well as to the very existence of home rule. It is not up to the state of Florida to prohibit local municipalities from deciding if they want to regulate plastic bags or polystyrene. This is a topic of much concern to those who want our state to remain pristine and enticing for themselves and the tourists who spend their money here year after year. As you vetoed the preemption of straws in 2019, I trust if this gets to your desk you will stand with this reversal and encourage it every step of the way.
Thank you.
GovernorRon.Desantis@eog.myflorida.com
https://www.flgov.com/contact-governor-2/
Write to:
Florida House of Representatives Local, Federal and Veterans Sub-Committee
Dear Florida House of Representatives Local, Federal and Veterans Sub-Committee Members:
Please consider passing House Bill 6043 to change preemption laws for single-use plastics. We should be able to self-determine single-use plastic use in our cities and counties without state interference? Why ban single-use plastics? Combined polystyrene, single-use plastic bags (for shopping, trash, groceries, clothes, etc.), plastic cups, straws and silverware all pose major impacts on the environment and its inhabitants. Plastic in its many forms, do not fully degrade, accumulate and overburden landfills, introduce unsafe chemicals into the environment, are hazardous for land and aquatic animals due to mistaken ingestion, and create impediments to waste reduction and recycling goals, while creating unsightly litter.
Thank you for your consideration. Your vote to pass Senate Bill 182 will progress municipalities’ rights to free their environments of single-use plastics, and improve and preserve Florida’s natural beauty for future generations.
Bobby.Payne@myfloridahouse.gov
David.Silvers@myfloridahouse.gov
Bruce.Antone@myfloridahouse.gov
James.Buchanan@myfloridahouse.gov
Nick.DiCeglie@myfloridahouse.gov
Wyman.Duggan@myfloridahouse.gov
Anna.Eskamani@myfloridahouse.gov
Shevrin.Jones@myfloridahouse.gov
Sam.Killebrew@myfloridahouse.gov
Toby.Overdorf@myfloridahouse.gov
Write to:
Members of the Florida Senate Rules Committee
Dear Members of the Florida Senate Rules Committee:
On behalf of the many like minded cities, counties and citizens across the great State of Florida, I write to you today to urge you to support Senate Bill 182.
All one has to do is walk the tideline and you will see that our oceans and other water bodies have become a human dumping ground, particularly for plastics that either do not breakdown or are slow in doing so. Single-use and other plastic products create unique problems for landfill management and marine life. It is time Florida localities, particularly Florida coastal communities, have the right to regulate these materials that create these problems should they so choose. Our Governor was of the same opinion in regard to plastic straws and stirrers.
Please give Florida local governments the ability to regulate plastics and other materials that are detrimental to our environment and marine life. Thank you.
benacquisto.lizbeth.web@flsenate.gov
gibson.audrey.web@flsenate.gov
flores.anitere.web@flsenate.gov
hutson.travis.web@flsenate.gov
montford.bill.web@flsenate.gov
passidomo.kathleen.web@flsenate.gov
rodriguez.jose.web@flsenate.gov
simmons.david.web@flsenate.gov
simpson.wilton.web@flsenate.gov
What is a single-use plastic bag?
Single-Use carry out plastic bag means a bag provided to a customer, typically at the point of sale or distribution, for the purpose of transporting items, which is made predominantly of plastic derived from petroleum or a biologically-based source.
Write to:
Senate Environment and Natural Resources Committee
Dear Senate Environment and Natural Resources Committee Members:
On behalf of the many like minded cities, counties and citizens across the great State of Florida, I write to you today to urge you to support Senate Bill 182.
All one has to do is walk the tideline and you will see that our oceans and other water bodies have become a human dumping ground, particularly for plastics that either do not breakdown or are slow in doing so. Single-use and other plastic products create unique problems for landfill management and marine life. It is time Florida localities, particularly Florida coastal communities, have the right to regulate these materials that create these problems should they so choose. Our Governor was of the same opinion in regard to plastic straws and stirrers.
Please give Florida local governments the ability to regulate plastics and other materials that are detrimental to our environment and marine life.
Thank you.
montford.bill.web@flsenate.gov
albritton.ben.web@flsenate.gov
Write to:
Your City and County Commissioners
Dear Commissioner,
The Town of Palm Beach and numerous other cities in Florida have proposed resolutions in support of Senate Bill 182 and House Bill 6043, both bills that will give the law back to the local governments and allow them to regulate single-use plastic bags and polystyrene on their own terms. I write urging you to draft a resolution for our city in support these bills. As a state that exists on tourism dollars that are spent here by people that come to enjoy the non-polluted waters, pristine landscapes and abundant sealife, we cannot afford to let these single-use items soil and trash our environment for corporate profits.
Write to:
Florida House of Representatives Business and Professional Sub-Committee Members
Please consider passing House Bill 6043 to change preemption laws for single-use plastics. We should be able to self-determine single-use plastic use in our cities and counties without state interference? Why ban single-use plastics? Combined polystyrene, single-use plastic bags (for shopping, trash, groceries, clothes, etc.), plastic cups, straws and silverware all pose major impacts on the environment and its inhabitants. Plastic in its many forms, do not fully degrade, accumulate and overburden landfills, introduce unsafe chemicals into the environment, are hazardous for land and aquatic animals due to mistaken ingestion, and create impediments to waste reduction and recycling goals, while creating unsightly litter.
Thank you for your consideration. Your vote to pass Senate Bill 182 will progress municipalities’ rights to free their environments of single-use plastics, and improve and preserve Florida’s natural beauty for future generations.
Heather.Fitzenhagen@myfloridahouse.gov
Amber.Mariano@myfloridahouse.gov
Newt.Newton@myfloridahouse.gov
Ramon.Alexander@myfloridahouse.gov
Melony.Bell@myfloridahouse.gov
Joseph.Casello@myfloridahouse.gov
Juan.Fernandez-Barquin@myfloridahouse.gov
Jason.Fischer@myfloridahouse.gov
Mike.Gottlieb@myfloridahouse.gov
Randy.Maggard@myfloridahouse.gov
Anthony.Rodriguez@myfloridahouse.gov
What is Expanded Polystyrene?
Expanded polystyrene is a petroleum based plastic most commonly incorrectly referred to by the name of “Styrofoam” which is actually the proprietary trade name of a polystyrene foam product.
Some Facts and What You Can Do NOW to Help
How plastic preemption began in Florida
In 2008 the FL Legislature put preemption in place after much concern regarding plastic bags in the environment. A two year study was conducted to assess the impacts and the following report was presented, https://www.khlaw.com/Files/26980_Florida_Retail-Bag-Report_01Feb10.pdf at which time the legislature was to make a decision on whether or not to act. This report overwhelmingly showed the detrimental effect of single-use plastic in our coastal environment.
No action has been taken in 10 years!