Are Plastic Straws Banned in Florida? City Rules and Penalties

Plastic straws are not banned statewide in Florida, but they are banned or restricted in more than a dozen Florida cities. The state has no law prohibiting plastic straws, and it has no law preventing cities from passing their own rules on them, so whether a straw ban applies to you depends entirely on the municipality you’re in.

Florida Cities With Plastic Straw Restrictions

Local ordinances have been spreading since 2018. Cities that have enacted some form of plastic straw ban or restriction 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. The list is not exhaustive, and additional municipalities may have adopted rules since.

Scope varies. Most ordinances prohibit the sale and distribution of single-use plastic straws by restaurants and food-service businesses. Some reach every commercial establishment in the city. Others apply only on city property and at city-sponsored events. Miami Beach’s Ordinance 2019-4295 applies citywide across all properties and public spaces.¹ Hallandale Beach bans both the sale and distribution of plastic straws within city limits and prohibits their use on public beaches.² West Palm Beach prohibits the distribution, sale, or use of plastic straws and stirrers.³ Deerfield Beach bans distribution, sale, and use of single-use plastic straws and stirrers citywide.⁴ If you run a business, read your city’s ordinance directly rather than relying on summaries.

What’s Actually Prohibited, and What’s Exempt

If your plan is to swap petroleum-based straws for plant-based bioplastics, check the ordinance first. Several Florida cities treat bioplastics the same as conventional plastic. Gainesville’s ban expressly includes straws made from biologically-based polymers like PLA and PHA, on the view that these products can have the same environmental impact because they do not break down naturally.⁵ West Palm Beach also prohibits PLA straws, citing studies that they remain intact for two or more years in the environment, and does not allow paper straws with a plastic lining.³ Hallandale Beach bans plastic and bioplastic straws alike.² Alternatives generally accepted in these cities include unlined paper, bamboo, wheat or hay, reusable metal, reusable glass, and silicone.

The exemptions are largely consistent from city to city:

Pre-packaged drinks sold with a straw already attached or sealed inside the packaging.
Hospitals, clinics, dental offices, and similar medical and dental facilities.
Individuals who need a plastic straw due to a disability or medical condition.
Some ordinances exempt public schools and county, state, and federal government facilities.
Hallandale Beach suspends its straw ban during locally declared emergencies.²

The disability exemption carries legal weight beyond the ordinance itself. A business that refuses to provide a plastic straw to someone who needs one for a medical reason can face a different kind of exposure, so keep a supply on hand even in cities with full bans.

Penalties for Businesses That Don’t Comply

Enforcement typically starts with education and escalates to fines. No Florida city has made a straw violation a criminal offense; these are civil code enforcement penalties.

Hallandale Beach: a written warning for the first offense, then within the next 12 months, fines up to $100 for a second offense, up to $200 for a third, and up to $500 for a fourth or subsequent violation.²
West Palm Beach: a first violation triggers a personal visit from city staff to explain the rules and help identify compliant alternatives; continued noncompliance brings fines of $125 per occurrence.³
Deerfield Beach: fines run from $250 for an initial violation up to $500 for repeat offenses.⁴
Gainesville: food-service providers face a $250 fine per violation.⁵

Cities are generally more interested in getting businesses to switch materials than in collecting penalty revenue, and a documented good-faith effort tends to be treated accordingly.

Why Cities Can Ban Straws in the First Place

Florida does preempt local regulation of certain single-use plastics, but straws aren’t on the list. Section 403.7033 blocks cities from regulating or taxing auxiliary containers, wrappings, and disposable plastic bags used to carry products from retail stores until the Legislature acts on a Department of Environmental Protection study.⁶ Section 500.90 separately preempts local regulation of polystyrene products, with narrow carve-outs for ordinances adopted before January 1, 2016, for city property, and for city vendors and contractors.⁷ Straws are neither bags, wrappings, containers, nor polystyrene, so neither statute reaches them.

Legislation to Watch

In late 2024, legislators introduced Senate Bill 958 and House Bill 2195, which would limit how local governments regulate drinking straws and stirrers. The bills cite studies finding harmful PFAS chemicals in many paper straws and would require that any locally mandated alternative be renewable, certified as home- and industrial-compostable, and marine biodegradable. Medical facilities, senior care centers, and pre-packaged drinks would be exempt. If passed, local governments would have until January 1, 2027, to update existing ordinances. Neither bill has become law as of this writing. Businesses operating in cities with current bans should watch the legislative session, because a change in the state rules could alter which alternatives they are required to stock.

1
Miami Beach Rising Above. Regulations
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City of Hallandale Beach. Straw Ordinance
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City of West Palm Beach. Single-Use Plastics
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City of Deerfield Beach. Plastic Straws
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City of Gainesville. Single-Use Plastic Straw and Stirrer Ban
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Justia Law. Florida Code 403.7033 – Departmental Analysis of Particular Recyclable Materials
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Florida Senate. Florida Code 500.90 – Regulation of Polystyrene Products Preempted to Department