Read the full stored bill text
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 produ
ct certified
45
by a certification body as home compostable.
46
(
c
)
“In
dustrial 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
b
iobased
program
with a 4
-
star
56
rating.
57
(2)
A local governmental
entity
may not enact a
ny
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.
B
y 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 government
al entity
elects
to enact a
ny
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 h
ospital,
a
medical care facilit
y
,
or a
senior
care
82
facilit
y
.
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.