Florida Senate - 2026                                     SB 958
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-01099A-26                                            2026958__
    1                        A bill to be entitled                      
    2         An act relating to local regulation of drinking straws
    3         and stirrers; providing legislative findings and
    4         intent; creating s. 403.7034, F.S.; defining terms;
    5         prohibiting local governmental entities from enacting
    6         any rule, regulation, or ordinance for drinking straws
    7         or stirrers which does not meet specified
    8         requirements; providing requirements for local
    9         governmental entities that elect to enact rules,
   10         regulations, or ordinances for drinking straws or
   11         stirrers; providing applicability; providing
   12         construction; providing a directive to the Division of
   13         Law Revision; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. (1) The Legislature finds that:
   18         (a) Many businesses and communities in this state are using
   19  paper drinking straws and stirrers as a purportedly better
   20  option for public health and the environment. However,
   21  independent university studies have shown that most paper straws
   22  contain harmful PFAS chemicals, exposure to which is linked to
   23  concerning health risks.
   24         (b) Paper drinking straw regulations marginalize residents
   25  with disabilities for whom paper straws are not an option.
   26         (c) Any regulation of drinking straws and stirrers must be
   27  based on government policy driven by science.
   28         (2) The Legislature intends to:
   29         (a) Combat the harmful impacts of paper drinking straws and
   30  stirrers and provide businesses and residents of this state with
   31  better alternatives to single-use plastic straws and stirrers;
   32  and
   33         (b) Promote uniformity of drinking straw and stirrer
   34  regulations throughout this state, rather than forcing
   35  businesses to comply with a patchwork of local regulations.
   36         Section 2. Section 403.7034, Florida Statutes, is created
   37  to read:
   38         403.7034 Local regulation of drinking straws and stirrers.—
   39         (1) As used in this section, the term:
   40         (a) “Certification body” means a recognized, independent,
   41  third-party verification body, such as the Biodegradable
   42  Products Institute or TUV Austria, which certifies products that
   43  meet ASTM standards for compostability.
   44         (b) “Home compostable certified” means a product certified
   45  by a certification body as home compostable.
   46         (c) “Industrial compostable certified” means a product
   47  certified by a certification body as industrially compostable.
   48         (d) “Marine biodegradable” means a product will completely
   49  break down, biodegrade, and return to nature by decomposing into
   50  elements found in the marine environment in less than 1 year, as
   51  shown by competent and reliable scientific evidence.
   52         (e) “Renewable” means a product certified under:
   53         1. The USDA BioPreferred Program with biobased content of
   54  at least 80 percent; or
   55         2. The TUV Austria OK biobased program with a 4-star
   56  rating.
   57         (2) A local governmental entity may not enact any rule,
   58  regulation, or ordinance regarding the use, disposition, sale,
   59  prohibition, or restriction of drinking straws or stirrers which
   60  does not meet the requirements of this section. By January 1,
   61  2027, a local governmental entity shall amend any such rule,
   62  regulation, or ordinance in effect as of the effective date of
   63  this act which does not permit the sale or use of drinking
   64  straws and stirrers that are renewable, home compostable
   65  certified, industrial compostable certified, or marine
   66  biodegradable to permit the sale or use of renewable, home
   67  compostable certified, industrial compostable certified and
   68  marine biodegradable drinking straws and stirrers.
   69         (3) If a local governmental entity elects to enact any
   70  rule, regulation, or ordinance regarding the use, disposition,
   71  sale, prohibition, or restriction of drinking straws or
   72  stirrers, such rule, regulation, or ordinance must require that
   73  drinking straws or stirrers be:
   74         (a) Renewable;
   75         (b) Home compostable certified;
   76         (c) Industrial compostable certified; and
   77         (d) Marine biodegradable.
   78         (4) This section does not apply to a drinking straw or
   79  stirrer sold, distributed, or used in any of the following:
   80         (a) A prepackaged drink sold at a commercial establishment.
   81         (b) A hospital, a medical care facility, or a senior care
   82  facility.
   83         (5) This section may not be construed to require a local
   84  governmental entity to adopt any rule, regulation, or ordinance
   85  relating to the use, disposition, sale, prohibition, or
   86  restriction of drinking straws or stirrers.
   87         Section 3. The Division of Law Revision is directed to
   88  replace the phrase “the effective date of this act” wherever it
   89  occurs in this act with the date this act becomes a law.
   90         Section 4. This act shall take effect upon becoming a law.