Florida Senate - 2019                                     SB 502
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00838-19                                            2019502__
    1                        A bill to be entitled                      
    2         An act relating to the prohibition of plastic carryout
    3         bags and straws; creating s. 509.235, F.S.; defining
    4         terms; prohibiting a store or food service business
    5         from providing a carryout bag made of plastic film to
    6         a customer; prohibiting a food service business from
    7         selling or providing a single-use plastic straw to a
    8         customer; providing an exception; providing penalties;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 509.235, Florida Statutes, is created to
   14  read:
   15         509.235 Plastic carryout bags and straws prohibited.—
   16         (1) As used in this section, the term:
   17         (a) “Carryout bag” means a bag that is provided by a store
   18  or food service business to a customer at the point of sale for
   19  the sole purpose of transporting groceries, prepared foods, or
   20  retail goods.
   21         (b) “Food service business” means a business that sells or
   22  provides food to be consumed on or off the premises, and
   23  includes, but is not limited to, a restaurant, cafe,
   24  delicatessen, coffee shop, supermarket or grocery store, vending
   25  truck or cart, food truck, movie theater, or business or
   26  institutional cafeteria, including those operated by or on
   27  behalf of a governmental entity.
   28         (c) “Plastic” means a synthetic material made from linking
   29  monomers through a chemical reaction to create an organic
   30  polymer chain that can be molded or extruded at high heat into
   31  various solid forms retaining their defined shapes during their
   32  life cycle and after disposal.
   33         (d) “Plastic film” means a nonwoven, flexible plastic that
   34  is less than 10 mils thick.
   35         (e) “Single-use plastic straw” means a single-use,
   36  disposable tube made predominantly of plastic which is used to
   37  transfer a beverage from a container to the mouth of a person
   38  drinking the beverage. The term does not include a straw made
   39  from non-plastic materials, including, but not limited to,
   40  paper, pasta, sugarcane, wood, or bamboo.
   41         (f) “Store” means a grocery store, supermarket, convenience
   42  store, liquor store, pharmacy, drugstore, or other retail
   43  establishment that has over 1,000 square feet of retail space.
   44         (2)(a) A store or a food service business may not provide a
   45  carryout bag made of plastic film to a customer.
   46         (b) This subsection does not prohibit a store or a food
   47  service business from providing a customer with any of the
   48  following:
   49         1. A non-handled bag made of plastic film used to separate
   50  and prevent a food item from damaging or contaminating another
   51  item.
   52         2. A bag made of plastic film used to contain an unwrapped
   53  food item.
   54         3. A durable, handled carryout bag made from a natural or
   55  synthetic material other than plastic film, including, but not
   56  limited to, woven or nonwoven plastic or cloth, which is at
   57  least 10 mils thick and which is specifically designed and
   58  manufactured for multiple reuse.
   59         (3)(a) Except as specified under paragraph (b), a food
   60  service business may not sell or provide a single-use plastic
   61  straw to a customer.
   62         (b) Upon request, a food service business may provide a
   63  single-use plastic straw to a person who requires a single-use
   64  plastic straw due to a disability or medical condition.
   65         (4) A person or entity that violates this section is
   66  subject to a fine of up to $500 for a first violation and up to
   67  $1,000 for a second or subsequent violation.
   68         Section 2. This act shall take effect July 1, 2019.