Florida Senate - 2019                                     SB 588
       By Senator Hutson
       7-01075B-19                                            2019588__
    1                        A bill to be entitled                      
    2         An act relating to single-use plastic straws; creating
    3         s. 403.7034, F.S.; defining terms; providing that a
    4         food service establishment may distribute a single-use
    5         plastic straw to a customer only if requested to do so
    6         by the customer; providing exceptions; providing that
    7         a food service establishment may make single-use
    8         plastic straws available through self-serve straw
    9         dispensers; preempting the regulation of single-use
   10         plastic straws to the state; providing an effective
   11         date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 403.7034, Florida Statutes, is created
   16  to read:
   17         403.7034 Single-use plastic straws.—
   18         (1) As used in this section, the term:
   19         (a) “Distribute” means to sell, use, or offer or to provide
   20  for sale or use.
   21         (b) “Food service establishment” means a restaurant,
   22  convenience store, grocery store, or vendor that sells food or
   23  beverages for the customer to consume on, near, or off the
   24  establishment’s premises.
   25         (c) “Single-use” means a product that is designed to be
   26  used only once in its original form and then be disposed of or
   27  destroyed.
   28         (d) “Single-use plastic straw” means a single-use,
   29  disposable straw made predominantly of plastic derived from
   30  petroleum or a biologically based polymer, such as corn or other
   31  plant sources, which is used to transfer a beverage from a
   32  container to the mouth of the person drinking the beverage. The
   33  term does not include a straw made from nonplastic materials,
   34  including, but not limited to, paper, wood, or bamboo.
   35         (2)(a) A food service establishment may distribute a
   36  single-use plastic straw to a customer only if requested to do
   37  so by the customer.
   38         (b) The prohibition under paragraph (a) does not apply to a
   39  take-out order; an order for off-premises delivery; an order
   40  placed via a digital or mobile application; the distribution of
   41  food or beverage items that were filled, sealed, or packaged
   42  before the food service establishment received such items; or
   43  hospitals or nursing, rehabilitation, or other healthcare
   44  facilities.
   45         (3) This section does not prohibit a food service
   46  establishment from making single-use plastic straws available to
   47  customers through a self-serve straw dispenser.
   48         (4) The regulation of single-use plastic straws is
   49  preempted to the state. A municipality, county, or other local
   50  governmental entity may not adopt, enforce, or implement any
   51  ordinance, rule, or law that would further restrict a food
   52  service establishment from distributing single-use plastic
   53  straws to customers.
   54         Section 2. This act shall take effect July 1, 2019.