Florida SB 958: Local Regulation of Drinking Straws and Stirrers

Bill Text

958 
Local Regulation of Drinking Straws and Stirrers 
2025-12-18T08:52:53Z 
Prohibiting local governmental entities from enacting any rule, regulation, or ordinance for drinking straws or stirrers which does not meet specified requirements; providing requirements for local governmental entities that elect to enact rules, regulations, or ordinances for drinking straws or stirrers, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 958 

 By Senator Bradley 

 6-01099A-26 2026958__ 
 1 A bill to be entitled 
 2 An act relating to local regulation of drinking straws 
 3 and stirrers; providing legislative findings and 
 4 intent; creating s. 403.7034, F.S.; defining terms; 
 5 prohibiting local governmental entities from enacting 
 6 any rule, regulation, or ordinance for drinking straws 
 7 or stirrers which does not meet specified 
 8 requirements; providing requirements for local 
 9 governmental entities that elect to enact rules, 
 10 regulations, or ordinances for drinking straws or 
 11 stirrers; providing applicability; providing 
 12 construction; providing a directive to the Division of 
 13 Law Revision; providing an effective date. 
 14 
 15 Be It Enacted by the Legislature of the State of Florida: 
 16 
 17 Section 1. (1) The Legislature finds that: 
 18 (a) Many businesses and communities in this state are using 
 19 paper drinking straws and stirrers as a purportedly better 
 20 option for public health and the environment. However, 
 21 independent university studies have shown that most paper straws 
 22 contain harmful PFAS chemicals, exposure to which is linked to 
 23 concerning health risks. 
 24 (b) Paper drinking straw regulations marginalize residents 
 25 with disabilities for whom paper straws are not an option. 
 26 (c) Any regulation of drinking straws and stirrers must be 
 27 based on government policy driven by science. 
 28 (2) The Legislature intends to: 
 29 (a) Combat the harmful impacts of paper drinking straws and 
 30 stirrers and provide businesses and residents of this state with 
 31 better alternatives to single-use plastic straws and stirrers; 
 32 and 
 33 (b) Promote uniformity of drinking straw and stirrer 
 34 regulations throughout this state, rather than forcing 
 35 businesses to comply with a patchwork of local regulations. 
 36 Section 2. Section 403.7034, Florida Statutes, is created 
 37 to read: 
 38 403.7034 Local regulation of drinking straws and stirrers.— 
 39 (1) As used in this section, the term: 
 40 (a) “Certification body” means a recognized, independent, 
 41 third-party verification body, such as the Biodegradable 
 42 Products Institute or TUV Austria, which certifies products that 
 43 meet ASTM standards for compostability. 
 44 (b) “Home compostable certified” means a product certified 
 45 by a certification body as home compostable. 
 46 (c) “Industrial compostable certified” means a product 
 47 certified by a certification body as industrially compostable. 
 48 (d) “Marine biodegradable” means a product will completely 
 49 break down, biodegrade, and return to nature by decomposing into 
 50 elements found in the marine environment in less than 1 year, as 
 51 shown by competent and reliable scientific evidence. 
 52 (e) “Renewable” means a product certified under: 
 53 1. The USDA BioPreferred Program with biobased content of 
 54 at least 80 percent; or 
 55 2. The TUV Austria OK biobased program with a 4-star 
 56 rating. 
 57 (2) A local governmental entity may not enact any rule, 
 58 regulation, or ordinance regarding the use, disposition, sale, 
 59 prohibition, or restriction of drinking straws or stirrers which 
 60 does not meet the requirements of this section. By January 1, 
 61 2027, a local governmental entity shall amend any such rule, 
 62 regulation, or ordinance in effect as of the effective date of 
 63 this act which does not permit the sale or use of drinking 
 64 straws and stirrers that are renewable, home compostable 
 65 certified, industrial compostable certified, or marine 
 66 biodegradable to permit the sale or use of renewable, home 
 67 compostable certified, industrial compostable certified and 
 68 marine biodegradable drinking straws and stirrers. 
 69 (3) If a local governmental entity elects to enact any 
 70 rule, regulation, or ordinance regarding the use, disposition, 
 71 sale, prohibition, or restriction of drinking straws or 
 72 stirrers, such rule, regulation, or ordinance must require that 
 73 drinking straws or stirrers be: 
 74 (a) Renewable; 
 75 (b) Home compostable certified; 
 76 (c) Industrial compostable certified; and 
 77 (d) Marine biodegradable. 
 78 (4) This section does not apply to a drinking straw or 
 79 stirrer sold, distributed, or used in any of the following: 
 80 (a) A prepackaged drink sold at a commercial establishment. 
 81 (b) A hospital, a medical care facility, or a senior care 
 82 facility. 
 83 (5) This section may not be c