Florida HB 865: Local Regulation of Drinking Straws and Stirrers

Bill Text

HB 865 2026

CODING: Words stricken are deletions; words underlined are additions.
hb865-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to local regulation of drinking straws 2
and stirrers; providing legislative findings and 3
intent; creating s. 403.7034, F.S.; defining terms; 4
prohibiting local governmental entities from enacting 5
any rule, regulation, or ordinance for drinking straws 6
or stirrers which does not meet specified 7
requirements; providing requirements for local 8
governmental entities that elect to enact rules, 9
regulations, or ordinances for drinking straws or 10
stirrers; providing applicability; providing 11
construction; providing a directive to the Division of 12
Law Revision; providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. (1) The Legislature finds that: 17
(a) Many businesses and communities in this state are 18
using paper drinking straws and stirrers as a purportedly better 19
option for public health and the environment. However, 20
independent university studies have shown that most paper straws 21
contain harmful PFAS chemicals, exposure to which is linked to 22
concerning health risks. 23
(b) Paper drinking straw regulations marginalize residents 24
with disabilities for whom paper straws are not an option. 25

HB 865 2026

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(c) Any regulation of drinking straws and stirrers must be 26
based on government policy driven by science. 27
(2) The Legislature intends to: 28
(a) Combat the harmful impacts of paper drinking straws 29
and stirrers and provide businesses and residents of this state 30
with better alternatives to single-use plastic straws and 31
stirrers; and 32
(b) Promote uniformity of drinking straw and stirrer 33
regulations throughout this state, rather than forcing 34
businesses to comply with a patchwork of local regulations. 35
Section 2. Section 403.7034, Florida Statutes, is created 36
to read: 37
403.7034 Local regulation of drinking straws and 38
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

HB 865 2026

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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

HB 865 2026

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(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 81
establishment. 82
(b) A hospital, a medical care facility, or a senior care 83
facility. 84
(5) This section may not be construed to require a local 85