Florida Senate - 2020 SB 40
By Senator Rader
29-00025-20 202040__
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 to a customer a carryout bag made of
6 plastic film; prohibiting a food service business from
7 selling or providing to a customer a single-use
8 plastic straw; providing an exception; providing
9 penalties; 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 single-use straws
16 prohibited.—
17 (1) As used in this section, the term:
18 (a) “Carryout bag” means a bag that a store or food service
19 business provides to its customer at the point of sale for the
20 sole purpose of transporting groceries, prepared foods, or
21 retail goods.
22 (b) “Food service business” means a business that sells or
23 provides food to be consumed on or off the premises, and
24 includes, but is not limited to, a restaurant, cafe,
25 delicatessen, coffee shop, supermarket or grocery store, vending
26 truck or cart, food truck, movie theater, or business or
27 institutional cafeteria, including those operated by or on
28 behalf of a governmental entity.
29 (c) “Plastic” means a synthetic material made from linking
30 monomers through a chemical reaction to create an organic
31 polymer chain that can be molded or extruded at high heat into
32 various solid forms retaining their defined shapes during their
33 life cycle and after disposal.
34 (d) “Plastic film” means a nonwoven, flexible plastic that
35 is less than 10 mils thick.
36 (e) “Single-use plastic straw” means a single-use,
37 disposable tube made predominantly of plastic which a person
38 uses when drinking to transfer a beverage from its container to
39 his or her mouth. The term does not include a straw made from
40 nonplastic materials, including, but not limited to, paper,
41 pasta, sugarcane, wood, or bamboo.
42 (f) “Store” means a grocery store, supermarket, convenience
43 store, liquor store, pharmacy, drugstore, or other retail
44 establishment that has more than 1,000 square feet of retail
45 space.
46 (2)(a) A store or a food service business may not provide
47 to a customer a carryout bag made of plastic film.
48 (b) This subsection does not prohibit a store or a food
49 service business from providing a customer with any of the
50 following:
51 1. A nonhandled bag made of plastic film used to separate
52 and prevent a food item from damaging or contaminating another
53 item.
54 2. A bag made of plastic film used to contain an unwrapped
55 food item.
56 3. A durable, handled carryout bag made from a natural or
57 synthetic material other than plastic film, including, but not
58 limited to, woven or nonwoven plastic or cloth, which is at
59 least 10 mils thick and which is specifically designed and
60 manufactured to be reused multiple times.
61 (3)(a) Except as specified under paragraph (b), a food
62 service business may not sell or provide to a customer a single
63 use plastic straw.
64 (b) Upon request, a food service business may provide a
65 single-use plastic straw to a person who requires a single-use
66 plastic straw due to a disability or medical condition.
67 (4) A person or entity that violates this section is
68 subject to a fine of up to $500 for a first violation and up to
69 $1,000 for a second or subsequent violation.
70 Section 2. This act shall take effect July 1, 2020.