Delray Beach, FL Single-Use Items: Plastic Straw Rules (2026)

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Florida state rule: Delray Beach does not have a local ordinance for plastic straw rules. This topic is governed by Florida state law and applies uniformly across the state.

Summary

Florida Statute 403.7033 and related law impose a moratorium on enforcement of municipal plastic straw bans, requiring DEP study before any local prohibition can take effect, effectively preempting current ordinances.

Full Breakdown

Florida law treats plastic straws under the broader single-use plastics framework in Section 403.7033, which directs DEP to study disposable plastic products. The Legislature has prohibited local governments from enforcing plastic straw bans pending legislative action on DEP recommendations. Coastal communities such as Fort Myers Beach and Sanibel had enacted straw restrictions; Governor DeSantis vetoed a 2019 bill that would have made the moratorium permanent, but the underlying preemption framework continues to limit enforcement. Cities can adopt voluntary or aspirational programs but cannot impose mandatory bans on retailers or food service establishments without state authorization.

Frequently Asked Questions

Can a Florida city ban plastic straws?

Mandatory local straw bans face preemption under FS 403.7033, though voluntary or upon-request programs remain permissible.

Why do some Florida beach towns still have straw rules?

Many shifted to voluntary upon-request models or face ongoing legal uncertainty given the state preemption framework.

Is a paper-only straw policy enforceable by a city?

Mandatory enforcement against businesses is questionable under preemption, but city-owned facilities can adopt internal procurement policies.

Delray Beach, FL Single-Use Items: Plastic Straw Rules (2026)

Summary

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