Are Plastic Straws Banned in Florida? City Bans, Exemptions, and Fines

Plastic straws are not banned statewide in Florida, but more than a dozen Florida cities have passed their own ordinances restricting or prohibiting them. If you are asking whether plastic straws are banned in Florida, the answer depends entirely on the city you are standing in. State law preempts local rules on plastic bags and polystyrene containers, but it says nothing about straws, which is why local governments have been free to act.

Why Local Straw Bans Are Legal in Florida

Two Florida preemption statutes block cities from writing their own single-use plastics rules, and neither one reaches straws. Section 403.7033 covers “auxiliary containers, wrappings, or disposable plastic bags” and holds local regulation of those items until the Legislature acts on a Department of Environmental Protection study.¹ Section 500.90 separately preempts local regulation of polystyrene, with a narrow grandfather clause for cities that had rules in place before January 1, 2016.² Straws are neither bags, wrappings, containers, nor polystyrene, so the preemption walls don’t apply.

The Legislature tried to close that gap. House Bill 771 in 2019 would have prohibited local straw ordinances and imposed a moratorium on new ones.³ Governor Ron DeSantis vetoed the bill in May 2019, and no similar preemption has been signed into law since.⁴

Florida Cities With Plastic Straw Bans

The list has grown steadily since 2018. Cities that have enacted plastic straw bans or restrictions include Coral Gables, Dania Beach, Deerfield Beach, Delray Beach, Fort Lauderdale, Fort Myers Beach, Gainesville, Hallandale Beach, Hollywood, Miami Beach, Palm Beach, Pinecrest, St. Petersburg, Sanibel, Surfside, and West Palm Beach. Additional municipalities may have adopted rules since.

The scope varies. Most ordinances prohibit the sale and distribution of single-use plastic straws by restaurants and food-service businesses. Some go further. Miami Beach’s Ordinance 2019-4295 applies citywide across all properties and public spaces.⁵ Hallandale Beach bans the sale and distribution of plastic straws within city limits and their use on public beaches.⁶ West Palm Beach prohibits the distribution, sale, or use of plastic straws and stirrers.⁷ Deerfield Beach does the same citywide.⁸ Others are lighter, requiring straws only “upon request.” Check the local ordinance for the exact rule where you are.

Common Exemptions

Most Florida straw ordinances share a similar set of carve-outs:

Pre-packaged drinks with straws already attached or sealed inside.
Hospitals, clinics, dental offices, and similar medical or dental facilities.
Individuals who need a plastic straw because of a disability or medical condition.
Public schools and government facilities, in some cities.
Locally declared emergencies, as in Hallandale Beach.⁶

The disability exemption is the one businesses cannot ignore. Even in a city with an outright ban, keep a supply of plastic straws behind the counter for customers who need one. Refusing a customer with a medical need creates a different kind of legal risk regardless of what the local straw ordinance says.

Bioplastic and PLA Straws Are Often Banned Too

Switching from petroleum plastic to a plant-based bioplastic is not automatically a safe move. Several Florida cities treat PLA and similar bioplastic straws the same as conventional plastic. Gainesville’s ban expressly covers straws made from “biologically-based polymers” such as PLA and PHA, on the grounds that they do not break down naturally.⁹ West Palm Beach also prohibits PLA straws and rejects paper straws with a plastic lining, citing evidence that PLA stays intact for two or more years in the environment.⁷ Hallandale Beach bans plastic and bioplastic straws alike.⁶

Materials usually accepted include paper without a plastic lining, bamboo, wheat or hay, reusable metal, reusable glass, and silicone. Confirm the approved list in your city’s ordinance before ordering in bulk.

Fines and Enforcement

Cities generally start with education and escalate to fines. None has made a straw violation a criminal offense; these are civil code enforcement penalties.

Hallandale Beach: written warning for a first offense, then, within 12 months, up to $100 for a second, up to $200 for a third, and up to $500 for a fourth or later violation.⁶
West Palm Beach: a first-visit meeting with city staff to walk through compliant alternatives, then $125 per occurrence for continued violations.⁷
Deerfield Beach: $250 for an initial violation, up to $500 for repeats.⁸
Gainesville: $250 per violation for food-service providers.⁹

Pending Legislation That Could Change the Rules

The Florida debate has shifted from whether cities can ban straws to which alternatives they may require. Senate Bill 958 and House Bill 2195, introduced in late 2024, would limit local regulation of drinking straws and stirrers. Citing studies that found PFAS chemicals in many paper straws, the bills would require any locally mandated alternative to be renewable, certified home- and industrial-compostable, and marine biodegradable. Medical facilities, senior care centers, and pre-packaged drinks would be exempt. Cities would have until January 1, 2027, to update existing ordinances. Neither bill has become law. If you run a food-service business in a city with a ban, watch the current session before committing to a long-term supplier.

1
Justia Law. Florida Code 403.7033 – Departmental Analysis of Particular Recyclable Materials
2
Florida Senate. Florida Code 500.90 – Regulation of Polystyrene Products Preempted to Department
3
Florida Senate. House Bill 771 – Environmental Regulation
4
Office of the Governor. Governor Ron DeSantis Vetoes CS/CS/HB 771
5
Miami Beach Rising Above. Regulations
6
City of Hallandale Beach. Straw Ordinance
7
City of West Palm Beach. Single-Use Plastics
8
City of Deerfield Beach. Plastic Straws
9
City of Gainesville. Single-Use Plastic Straw and Stirrer Ban