In 2024, more than half of Florida’s municipal solid waste went to landfills, totaling over 27 million tons. As Florida’s population continues to grow, the state faces a continuing problem: what to do with the massive number ofmaterials and products that residents use — and where they should be disposed.
Not only is improper disposal of garbage and materials an environmental hazard, but it also poses a threat to human and animal health due to its potential to spread infectious diseases.
This year, several bills are focused on how Florida should manage these materials:
- Auxiliary Containers
- Local Regulation of Drinking Straws and Stirrers
- Perfluoroalkyl and Polyfluoroalkyl Substances
- Other Related Bills
Auxiliary Containers
CS/SB 240 introduced by Sen. Ileana Garcia (R) and the identical HB 575 introduced by Rep. Meg Weinberger (R) would preempt the regulation of auxiliary containers to the state, meaning that the power to create regulations for auxiliary containers (single-use, non-biodegradable packaging) would move from local municipalities and counties to Florida’s state government. However, the bill would not prohibit local governments from regulating:
- The use of glass auxiliary containers on public property.
- The use, sale, or distribution of single-use plastic auxiliary containers on public property.
- The use, sale, or distribution of auxiliary containers under rules, regulations, or ordinances enacted before January 1, 2026.
While some municipalities have succeeded at waste management and recycling, according to Sen. Garcia, “cities like Miami and many other areas have had issues with cleaning up their beaches, and unfortunately, I think it’ll be a problem until the state addresses the issue.”
The bills also limit the sale of auxiliary containers on lands managed by the Florida Department of Environmental Protection (FDEP), such as state parks, “to the greatest extent possible,” according to the bill text, while the sale and use of polystyrene foam would be prohibited entirely. Finally, the FDEP would be required to develop a Marine Debris Reduction plan.
Comparable bills, HB 629 introduced by Rep. Tiffany Esposito (R), known as “Regulation of Auxiliary Containers” and the similar SB 766 , “Waste Management,” introduced by Sen. Jonathan Martin (R) are also on the table. While these bills would also preempt the regulation of auxiliary containers to the state, they are more limited in scope, not requiring the development of a Marine Debris Reduction plan, the limiting of sale of auxiliary containers on lands managed by the FDEP, or the prohibition of the sale and use of polystyrene foam.
CS/SB 240 and HB 575 have earned bipartisan support with backing from groups with both business and environmental interests, including the Florida chapter of the National Federation of Independent Business (NFIB), the Sea Turtle Conservancy, the Sierra Club, and Friends of the Everglades. In contrast, SB 766 and HB 629 are opposed by several environmental advocacy organizations including the Sea Turtle Conservancy and the Florida Springs Council.
In previous years, similar bills aiming to restrict local regulations on auxiliary containers have failed to pass.
Local Regulation of Drinking Straws and Stirrers
It is well documented that single-use, disposable plastic items pose a threat to our oceans and wildlife. With this in mind, several Florida cities and counties banned the distribution of plastic drinking straws and stirrers and began to enforce the use of paper straws in hopes of reducing plastic pollution. However, these measures turned out to be a lightning rod for controversy.
SB 958, introduced by Sen. Jennifer Bradley (R) and the identical HB 865, introduced by Rep. Omar Blanco (R) would establish new requirements for city and county governments seeking to regulate the use of straws and drink stirrers. The bills cite concerns about the presence of PFAS in paper straws and accessibility for people with disabilities as well as calling for statewide uniformity of regulations. “I’m not saying we should do this at the expense of the environment, but if you’re health is affected, how should we balance the scale?” Rep. Blanco said to the Tallahassee Democrat. However, the bill does not prohibit all local regulation of straws and stirrers. Instead, it requires that any permitted plastic alternatives meet the following criteria:
- Renewable;
- Home compostable certified;
- Industrial compostable certified; and
- Marine biodegradable.
Plastic straw alternatives have been scrutinized for a variety of reasons. Many consumers dislike using paper straws, complaining that they would begin to disintegrate in less time than it takes to finish a beverage. Public opinion on the bill seems to be mixed, with some feeling that community members should be able to choose the straw materials they prefer, while others express concern for the environment. Few environmental organizations have weighed in, though Friends of the Everglades does not strictly agree or disagree with the bill, but encourages watching it for any changes as it moves through committee.
Others expressed concerns about accessibility. According to the Center for Disability Rights, disintegrating paper straws can pose a choking hazard. Aside from the constitutional integrity of paper straws, they are typically inflexible, which may cause issues for people with health issues such as limited jaw control. According to some disability rights activists, including Lawrence Carter-Long, communications director for the national Disability Rights Education & Defense Fund, banning plastic straws sets an unfair standard for disabled people, who will need to remember to always carry their own reusable straws on their person.
In recent years, environmental and public health concerns have also emerged due to the potential presence of PFAS. PFAS stands for perfluoroalkyl and polyfluoroalkyl substances, and are also referred to as “forever chemicals,” as they do not break down in the environment. A 2023 study published in the journal Food Additives and Contaminants from the University of Antwerp found that 90% of paper straws tested contained PFAS, likely due to the water-repellent coating applied to them. A 2021 study published in Chemosphere analyzed 43 brands of drinking straws found in the United States and found that 21 different PFAS compounds were found in paper and other plant-based straws, while plastic straws did not show detectable levels of PFAS.
Perfluoroalkyl and Polyfluoroalkyl Substances
SB 1230, introduced by Sen. Gayle Harrell (R) and the similar bill HB 1019, introduced by Rep. William “Bill” Conerly (R), seek to phase out the use of aqueous film-forming foam (AFFF), commonly referred to as “firefighting foam,” an effective but toxic substance used as a firefighting tool throughout the state. According to the bill text, the proposed timeline for phase out is as follows:
- July 1, 2026: AFFF may not be used for any nonemergency instruction, training, or testing.
- July 1, 2027: The sale, purchase, or distribution of AFFF within this state is prohibited.
- July 1, 2029: The possession and use of aqueous film-forming foam is prohibited in this state.
Entities in possession of AFFF are to submit inventories and a disposal plan to the FDEP. The bills do allow for limited exemptions.
The proposed ban comes as a response to studies that have found a high volume of PFAS in the foam, and concerns that these chemicals are seeping into water supplies, leading to potential health ramifications. A 2021 report from the FDEP confirmed the presence of PFAS in the soil and/or groundwater at 20 federal facilities in Florida, and three military bases in Florida have also made the Department of Defense’s list of the 50 most highly contaminated sites.
Sen. Harrell also cites the dangers to firefighters who are directly exposed to the substance, saying “Our firefighters are the ones directly exposed to it. … This is a forever chemical, and it does cause serious risk for cancer.” The substance is already banned in several other U.S. states. According to the U.S. Judicial Panel on Multidistrict Litigation, a mega lawsuit contains over 15,000 open cases claiming personal injury due to PFAS leaked from AFFF.
A comparable set of bills, SB 1058 introduced by Sen. Loria Berman (D) and the identical HB 855 introduced by Reps. Rob Long (D) and Daryl Campbell (D), propose more expansive standards for PFAS cleanup in drinking water, groundwater, and soil; provide liability protections for prospective property purchasers; and ensure eligibility for certain remediation incentives. However, while this set of bills would still restrict some uses of AFFF, they do not fully phase out its sale or possession.
Other Related Bills
Waste Facilities – SB 1196 and HB 1089
Waste Management – SB 766
Biosolids Management – CS/CS/SB 1294 and HB 1245
Onsite Sewage Treatment and Disposal System Permits – CS/SB 698 and HB 589