Orlando, FL Single-Use Items: Plastic Straw Rules (2026)
Key Facts
- HB 771 moratorium
- Expired July 2024
- Continuing preemption
- FL §403.7033
- Local mandate
- None in Orlando
- Common practice
- Voluntary upon request
Summary
Florida House Bill 771 (2019) suspended local plastic straw bans through July 1, 2024 pending DEP study. Although the moratorium has technically expired, FL §403.7033 still preempts local auxiliary-container regulation, leaving straw bans on uncertain legal ground.
The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida's ecology and economy. As such, the Department of Environmental Protection shall review and update its 2010 report on retail bags analyzing the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments. Until such time that the Legislature adopts the recommendations of the department, a local government, local governmental agency, or state governmental agency may not enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.
Full Breakdown
HB 771 in 2019 ordered the Department of Environmental Protection to study plastic straw use and prohibited municipalities from enforcing or adopting local straw bans through July 1, 2024. The study was never completed in a way that triggered legislative action. Although the explicit moratorium has lapsed, FL §403.7033 separately preempts regulation of auxiliary containers, wrappings, or bags, language the Attorney General has applied to straws. Orlando has no local plastic-straw ordinance. Many downtown restaurants and theme parks voluntarily switched to paper or upon-request straws after federal sea-turtle conservation campaigns, but the practice remains voluntary, not mandatory under city law.
Violations & Fines
Orlando has no enforceable plastic straw rule. Voluntary upon-request policies are encouraged but not mandated, and any future local ban would face state preemption challenge.
Frequently Asked Questions
Can Orlando ban plastic straws now that HB 771 expired?
Do Orlando theme parks ban plastic straws?
Sources & Official References
Other rules in Orlando
Florida rules heatmap·Compare Orlando to another location·View the Florida single-use items overview
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