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.