Senate committee advances bill preempting local rules on auxiliary containers amid strong public opposition

Tallahassee — The Senate Committee on Environment and Natural Resources on Tuesday voted to report favorably on Senate Bill 18 22, a measure from Sen. Erin Martin that would preempt most local regulations of auxiliary containers — defined packaging, takeout containers and similar single-use items — and remove a statutory study requirement in current law.

The bill’s sponsor, Senator Erin Martin, said the legislation is intended to create “clarity and continuity” for businesses that operate across municipal boundaries. “This bill will ensure clarity and continuity in the rules that those businesses that operate across county and city boundaries must follow,” Martin said during her explanation to the committee.

Why it matters: Supporters said the bill reduces a confusing patchwork of local rules that can make compliance difficult for statewide businesses and mobile vendors like food trucks. Opponents, including environmental organizations, coastal cities and conservation groups, said the bill removes local tools used to limit litter and plastic pollution and that the state has previously studied options to reduce plastics but not implemented recommendations.

Committee discussion and testimony focused on two fault lines: whether statewide uniformity helps businesses or undermines local efforts to protect beaches, springs and parks; and whether the measure removes a statutory obligation for the Department of Environmental Protection (DEP) to study and recommend policy options.

More than a dozen groups and speakers registered opposition. Jackson Oberlinck of Florida for All told the committee the bill “completely preempts local governments and state agencies from regulating auxiliary containers” and called it “a severe threat to the well‑being of our environment, wildlife, and waterways.” Katie Baumann, Florida policy manager for the Surfrider Foundation, said volunteers pick up “countless pounds of plastic pollution” and that local governments are overwhelmed by the volume of plastic waste.

Clean‑water advocate Dave Dobler, who runs VolunteerCleanup.org, told senators the bill “reverses Miami Beach's progress and expands existing preemptions on foam and bags to include all plastics, metals and glass.” Stacy Gallagher of the Sea Turtle Conservancy said removing local limits “is the opposite of preserving freedom and choice” because local elected officials are responding to visible local pollution.

Supporters who waived in included the Florida Retail Federation, the Florida Chamber and industry groups representing recyclable bag manufacturers and retailers. During the hearing, Sen. Martin said cities could still decide not to use certain packaging voluntarily and that the bill is permissive in that sense.

Vote and next steps: The committee reported SB 18 22 favorably. The roll call recorded five senators voting yes and three voting no; one member’s status was not specified on the record. The sponsor said she will continue discussions and may consider carve‑outs or amendments on specific materials such as glass or expanded conversation about Styrofoam at later stops.

Community context: Several speakers cited DEP reports from 2010 and 2021 that identified options such as pilot programs, fees and bans. Multiple municipal leaders and conservation groups asked the Legislature either to adopt DEP recommendations statewide or to restore local authority. Senator Martin said DEP’s past studies offered options and pros/cons but did not mandate a single course of action for the Legislature.

Where it stands: With the committee’s favorable report, SB 18 22 moves to its next Senate committee. The sponsor said she is open to further stakeholder meetings and limited carve‑outs.