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.
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.
Mandatory local straw bans face preemption challenges under FS 403.7033; voluntary programs remain permitted but unenforceable as bans.
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