Tampa, FL Single-Use Items: Plastic Straw Rules (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.
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?
Can a Tampa restaurant offer straws on request only?
Sources & Official References
Other rules in Tampa
Florida rules heatmap·Compare Tampa to another location·View the Florida single-use items overview
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