Defend Coral Gables’ EPS Ordinance
In 2016, the City of Coral Gables passed an ordinance banning the use of EPS foam by all food service providers and their stores, city vendors and contractors, and special event permittees. Shortly after passing their ordinance, the City was sued by the Florida Retail Federation to stop the implementation of their ordinance. The Surfrider Foundation's Miami Chapter is fighting for home rule and to ensure that Coral Gables is able to implement their ordinance.
Late in the 2016 Legislative Session, Representative Jake Raburn and Senator Bill Montford filed late amendemnts to a Department of Agriculture bill to preempt all local polystyrene (aka “styrofoam”) regulations. Not only did the legislation take away home rule authority for communities to reuglate plastic pollution, it attempted to retroactively invalidate ordinances passed after January 1st, but before the bill passed. Despite overwhelming opposition from the public, the bad bills passed.
This preemption is devastating to our coastal communities that are trying to keep EPS foam off their beaches and out of their waterways. Worse still, the retroactive preemption unfarily targeted the City of Coral Gables, which had already passed their ordinance before the bill was even heard. The City decided to fight to retain their ordinance and the right to home rule authority. After being sued by the Florida Retail Federation, a judge found that the new state law was unconstitutional and unfairly targeted Coral Gables. Despite this clear win for Coral Gables, the Florida Retail Federation is appealing the legal decision and continues to fight the city's implementation of their ordinance.