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SB 240 – Auxiliary Containers

Ben Hicks
Understanding the Legislation

Affecting Change

SB 240

Senator Garcia

Background: 

For years, the Legislature has filed preemption bills to end the “patchwork” of local auxiliary container regulations in the State.  Instead of proposing a statewide solution to the single-use plastic and foam crisis, the Legislature has simply tried to ban bans on these items altogether.

Every year, an estimated 1 million marine animals are killed due to plastic debris in the ocean. Turtles are especially at risk of confusing items like plastic bags as a food source. Working to limit and eliminate the use of single-use items is vital in helping reduce deaths of keystone species like endangered marine turtles. STC is supporting SB 240 this Session.

Bill summary:

This bill aims to make various changes to the current state of auxiliary container regulation throughout the State. It moves power from local municipalities and counties to the State for creation of any regulation of auxiliary containers, while grandfathering in all existing local regulations. It prohibits the sale or distribution of these items on lands managed by the Division of Recreation and Parks of the Department of Environmental Protection (DEP), such as State Parks. It completely prohibits the sale or use of polystyrene foam. It also requires DEP to develop a “uniform ordinance for the use and disposition of single-use, nonrecyclable auxiliary containers” known as a Marine Debris Reduction Plan.

By grandfathering in all pre-existing local regulations, it protects the vital specific laws counties have in place for their unique plastic reduction needs. Past legislation looked to remove these, replacing them with a preemption by the State.

The prevention of any of these items from being sold on State Park lands would be a huge win. This legislation can prevent plastic from entering these protected lands at all. Florida has 53 designated coastal and sandy beach State Parks, so the prevention of these items would create a safe environment there for nesting marine turtles and other vital coastal species.

Additionally, the creation of a Marine Debris Reduction Plan could help the State further positive changes to how Florida distributes these items, helping to combat the 13 million metric tons of plastic waste that enters our oceans annually.

Bill Status

SB 240 was filed on October 17, 2025 and has been assigned to the following Senate committees: Environment and Natural Resources; Appropriations Committee on Agriculture, Environment, and General Government; and Fiscal Policy. It currently does not have a House companion.

The bill is scheduled to be heard in the Senate Environment and Natural Resources Committee on 11/18/25 at 3:30 p.m. Please contact members of this committee and urge them to support SB 240!