Florida analyzing Plastic Bag Preemption Law

The bill also revisits Florida's approach to preempting local regulations on single-use bags and containers by asking the DEP to study the current policy landscape. Since the agency's original 2010 report on this issue, numerous state and local governments around the country have passed laws banning or limiting bags, expanded polystyrene foam containers and related items. 

While certain restrictions are allowed for facilities on government property, municipalities such as Coral Gables have unsuccessfully attempted to overturn the state preemption policy for broader ordinances. Preemption supporters say allowing multiple local ordinances could create confusion with a "patchwork" of approaches, but others see it differently.

"If that’s the concern then to me the logical conclusion is to adopt a statewide policy and I think the study is a good first step to at least consider what those options are," said Holly Parker, state policy manager for the Surfrider Foundation, whose organization has backed multiple state bills on this issue in recent years.

“I'm hopeful that having all of those regulatory options in front of the legislature [from the DEP report] will hopefully make them comfortable enough to think about how they can get their arms around plastic pollution."