Item 12A tonight at Lake Worth City Commission. Unfortunately, a prediction made two weeks ago came true.

On January 21st on this blog informed the public there would be only three more regularly scheduled City Commission meetings prior to the elections on March 12th.

In part sardonic and in part tongue-in-cheek suggested if anyone had plans to try and ban plastic straws in the City once again, then the Commission meetings on February 5th, 19th and on March 5th would be your last chance.

Sadly. That prediction two weeks ago has come true.

Guess what is on the agenda tonight (Tues., Feb 5th) at the City Commission? That would be Item 12A under “New Business”:


Discussion regarding a plastic bag/plastic straws ordinance brought forward by Vice Mayor Amoroso, Vice Mayor Pro Tem Maxwell and Commissioner Hardy.


Amazing. And just five weeks before Election Day. How convenient.

However, the topic of municipalities banning plastic straws could very well become a moot one anyhow because of Senate Bill 588 introduced by State Senator Travis Hutson. See that bill below.

Along with that prediction two weeks ago should have reminded everyone that the Florida Senate is ruled by the Republican Party. They hold a majority in the Florida Senate and control all the top leadership positions. So if they decide that municipalities deciding on their own to ban a legal item like the plastic straw is a bad idea then the Florida Senate could decide this question once and for all.

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.


Without further ado,


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.