THE BILL ITSELF
HB 865
Local Regulation of Drinking Straws and Stirrers
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A bill to be entitled
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An act relating to local regulation of drinking straws
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and stirrers; providing legislative findings and
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intent; creating s. 403.7034, F.S.; defining terms;
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prohibiting local governmental entities from enacting
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any rule, regulation, or ordinance for drinking straws
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or stirrers which does not meet specified
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requirements; providing requirements for local
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governmental entities that elect to enact rules,
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regulations, or ordinances for drinking straws or
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stirrers; providing applicability; providing
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construction; providing a directive to the Division of
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Law Revision; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. (1) The Legislature finds that:
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(a) Many businesses and communities in this state are
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using paper drinking straws and stirrers as a purportedly better
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option for public health and the environment. However,
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independent university studies have shown that most paper straws
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contain harmful PFAS chemicals, exposure to which is linked to
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concerning health risks.
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(b) Paper drinking straw regulations marginalize residents
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with disabilities for whom paper straws are not an option.
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(c) Any regulation of drinking straws and stirrers must be
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based on government policy driven by science.
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(2) The Legislature intends to:
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(a) Combat the harmful impacts of paper drinking straws
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and stirrers and provide businesses and residents of this state
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with better alternatives to single-use plastic straws and
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stirrers; and
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(b) Promote uniformity of drinking straw and stirrer
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regulations throughout this state, rather than forcing
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businesses to comply with a patchwork of local regulations.
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Section 2. Section 403.7034, Florida Statutes, is created
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to read:
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403.7034 Local regulation of drinking straws and
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stirrers.—
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(1) As used in this section, the term:
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(a) "Certification body" means a recognized, independent,
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third-party verification body, such as the Biodegradable
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Products Institute or TUV Austria, which certifies products that
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meet ASTM standards for compostability.
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(b) "Home compostable certified" means a product certified
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by a certification body as home compostable.
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(c) "Industrial compostable certified" means a product
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certified by a certification body as industrially compostable.
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(d) "Marine biodegradable" means a product will completely
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break down, biodegrade, and return to nature by decomposing into
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elements found in the marine environment in less than 1 year, as
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shown by competent and reliable scientific evidence.
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(e) "Renewable" means a product certified under:
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1. The USDA BioPreferred Program with biobased content of
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at least 80 percent; or
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2. The TUV Austria OK biobased program with a 4-star
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rating.
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(2) A local governmental entity may not enact any rule,
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regulation, or ordinance regarding the use, disposition, sale,
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prohibition, or restriction of drinking straws or stirrers which
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does not meet the requirements of this section. By January 1,
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2027, a local governmental entity shall amend any such rule,
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regulation, or ordinance in effect as of the effective date of
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this act which does not permit the sale or use of drinking
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straws and stirrers that are renewable, home compostable
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certified, industrial compostable certified, or marine
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biodegradable to permit the sale or use of renewable, home
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compostable certified, industrial compostable certified and
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marine biodegradable drinking straws and stirrers.
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(3) If a local governmental entity elects to enact any
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rule, regulation, or ordinance regarding the use, disposition,
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sale, prohibition, or restriction of drinking straws or
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stirrers, such rule, regulation, or ordinance must require that
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drinking straws or stirrers be:
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(a) Renewable;
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(b) Home compostable certified;
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(c) Industrial compostable certified; and
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(d) Marine biodegradable.
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(4) This section does not apply to a drinking straw or
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stirrer sold, distributed, or used in any of the following:
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(a) A prepackaged drink sold at a commercial
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establishment.
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(b) A hospital, a medical care facility, or a senior care
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facility.
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(5) This section may not be construed to require a local
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governmental entity to adopt any rule, regulation, or ordinance
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relating to the use, disposition, sale, prohibition, or
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restriction of drinking straws or stirrers.
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Section 3. The Division of Law Revision is directed to
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replace the phrase "the effective date of this act" wherever it
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occurs in this act with the date this act becomes a law.
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Section 4. This act shall take effect upon becoming a law.