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.
   11  Be It Enacted by the Legislature of the State of Florida:
   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.