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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Statute
FL §403.7033
HB 771 status
Vetoed 2019
Local bans
Preempted
Coastal city bans
Pre-2019, contested
Tampa option
Voluntary only

Summary

Florida Statute §403.7033 covers all single-use auxiliary containers including plastic straws. A 2019 attempt to restrict the preemption with HB 771 was vetoed by Governor DeSantis, leaving the local-ban prohibition intact.

403.7033 Departmental analysis of particular recyclable materials. — 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. The updated report must include input from state and local government agencies, stakeholders, private businesses, and citizens and must evaluate the efficacy and necessity of both statewide and local regulation of these materials. [...] 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.

Source: Florida Statute 403.7033View official code

Full Breakdown

Florida's auxiliary-container preemption under FL §403.7033 captures plastic straws, stirrers, and similar single-use items along with bags and food packaging. Several Florida coastal cities (St. Petersburg, Fort Myers Beach, Sanibel) passed plastic straw ordinances before 2019. In 2019 the legislature passed HB 771, a five-year moratorium that would have allowed those existing local ordinances to remain while preempting new ones. Governor DeSantis vetoed HB 771 in May 2019, citing preference for innovation over regulation. The veto means Tampa and other Florida cities cannot adopt plastic straw bans. Tampa restaurants may voluntarily switch to paper, compostable, or 'on-request' straw policies, and many in Hyde Park and downtown have done so.

Violations & Fines

Tampa cannot enforce a plastic straw ordinance. State litter laws (FL §403.413) apply to improper disposal in waterways and parks.

Frequently Asked Questions

Why does Sanibel still have a straw ban?
Sanibel and a few other cities passed bans before the preemption was clarified. Their continued enforcement is contested. Tampa never enacted one and cannot adopt one now.
Can a Tampa restaurant offer straws on request only?
Yes. Voluntary 'straw-on-request' policies are legal and increasingly common. The preemption only blocks government mandates, not private business decisions.

Sources & Official References

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