Florida HB 603: Single-Use Plastic Straws

Bill Text

HB 603 2019

CODING: Words stricken are deletions; words underlined are additions.
hb0603-00
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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 single-use plastic straws; creating 2
s. 403.7034, F.S.; defining terms; providing that a 3
food service establishment may distribute a single-use 4
plastic straw to a customer only if requested to do so 5
by the customer; providing exceptions; providing that 6
a food service establishment may make single-use 7
plastic straws available through self-serve straw 8
dispensers; preempting the regulation of single-use 9
plastic straws to the state; providing an effective 10
date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 403.7034, Florida Statutes, is created 15
to read: 16
403.7034 Single-use plastic straws.— 17
(1) As used in this section, the term: 18
(a) "Distribute" means to sell, use, or offer or to 19
provide for sale or use. 20
(b) "Food service establishment" means a restaurant, 21
convenience store, grocery store, or vendor that sells food or 22
beverages for the customer to consume on, near, or off the 23
establishment's premises. 24
(c) "Single-use" means a product that is designed to be 25

HB 603 2019

CODING: Words stricken are deletions; words underlined are additions.
hb0603-00
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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

used only once in its original form and then be disposed of or 26
destroyed. 27
(d) "Single-use plastic straw" means a single-use, 28
disposable straw made predominantly of plastic derived from 29
petroleum or a biologically based polymer, such as corn or other 30
plant sources, which is used to transfer a beverage from a 31
container to the mouth of the person drinking the beverage. The 32
term does not include a straw made from nonplastic materials, 33
including, but not limited to, paper, wood, or bamboo. 34
(2)(a) A food service establishment may distribute a 35
single-use plastic straw to a customer only if requested to do 36
so by the customer. 37
(b) The prohibition under paragraph (a) does not apply to 38
a take-out order; an order for off-premises delivery; an order 39
placed via a digital or mobile application; the distribution of 40
food or beverage items that were filled, sealed, or packaged 41
before the food service establishment received such items; or 42
hospitals or nursing, rehabilitation, or other healthcare 43
facilities. 44
(3) This section does not prohibit a food service 45
establishment from making single-use plastic straws available to 46
customers through a self-serve straw dispenser. 47
(4) The regulation of single-use plastic straws is 48
preempted to the state. A municipality, county, or other local 49
governmental entity may not adopt, enforce, or implement any 50

HB 603 2019

CODING: Words stricken are deletions; words underlined are additions.
hb0603-00
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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

ordinance, rule, or law that would further restrict a food 51
service establishment from distributing single-use plastic 52
straws to customers. 53
Section 2. This act shall take effect July 1, 2019. 54