Senate Bill 588 introduced by State Senator Travis Hutson.

If you happen to know anyone in Delray Beach excited about a ban on plastic straws you may want to share with them the following information.


Florida Senate Bill 588:

An act relating to single-use plastic straws; creating s. 403.7034, F.S.; defining terms; providing that a food service establishment may distribute a single-use plastic straw to a customer only if requested to do so by the customer; providing exceptions; providing that a food service establishment may make single-use plastic straws available through self-serve straw dispensers; preempting the regulation of single-use plastic straws to the state; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 403.7034, Florida Statutes, is created to read:

Single-use plastic straws.

(1) As used in this section, the term:

(a) “Distribute” means to sell, use, or offer or to provide for sale or use.

(b) “Food service establishment” means a restaurant, convenience store, grocery store, or vendor that sells food or beverages for the customer to consume on, near, or off the establishment’s premises.

(c) “Single-use” means a product that is designed to be used only once in its original form and then be disposed of or destroyed.

(d) “Single-use plastic straw” means a single-use, disposable straw made predominantly of plastic derived from petroleum or a biologically based polymer, such as corn or other plant sources, which is used to transfer a beverage from a container to the mouth of the person drinking the beverage. The term does not include a straw made from nonplastic materials, including, but not limited to, paper, wood, or bamboo.

(2) (a) A food service establishment may distribute a single-use plastic straw to a customer only if requested to do so by the customer. 

(b) The prohibition under paragraph (a) does not apply to a take-out order; an order for off-premises delivery; an order placed via a digital or mobile application; the distribution of food or beverage items that were filled, sealed, or packaged before the food service establishment received such items; or hospitals or nursing, rehabilitation, or other healthcare facilities. 

(3) This section does not prohibit a food service establishment from making single-use plastic straws available to customers through a self-serve straw dispenser. 

(4) The regulation of single-use plastic straws is preempted to the state. A municipality, county, or other local governmental entity may not adopt, enforce, or implement any ordinance, rule, or law that would further restrict a food service establishment from distributing single-use plastic straws to customers.

Section 2. This act shall take effect July 1, 2019.