Ashley Hunter
ECB Publishing, Inc.
In an effort to follow the conservation-minded efforts and legislation of states such as New York, California and Hawaii, Senate Bill 40 has been filed for discussion in this recent legislative session.
The bill, filed in August of 2019, is effectively titled “Prohibition of Plastic Carryout Bags and Straws.”
As emphasized in the title, SB 40 seeks to prohibit businesses from providing, selling or distributing single-use plastic bags or straws to their customers.
According to the bill's text, restaurants, coffee shops, vending trucks, movie theaters and any business that sells or provides food will no longer be permitted to provide plastic straws or carry-out plastic bags to their customers. In addition, any retail business – including pharmacies and drugstores, liquor shops, supermarkets and grocery stores – that have over 1,000 square feet of store will be prohibited from offering plastic bags as well.
While the bill seeks to eliminate plastic single-use bags from being used to carry groceries or to-go lunches from the store or restaurant, the bill also specifies that plastic bags will still be permitted in select occasions.
For example, plastic bags that are used to protect unwrapped food items (such as produce) will still be allowed, and restaurants may still issue plastic straws to customers who require the straw for medical or disability conditions.
Outside of the select and pre-determined exceptions, however, the bill relates that plastic bags and straws should be banned, and then replaced with a natural or non-plastic material.
Should this bill become law at the conclusion of the legislative session, any business that violates the new law will be subject to a $500 fine for the first violation and $1,000 fine for the second violation, as well as any subsequent violations.
The bill was introduced by Senator Kevin J. Radar (Democrat), whose district consists of parts of Broward and Palm Beach Counties; co-introducing the bill are Senator Linda Steward (Democrat) of Orange County and Senator Lori Berman (Democrat) of Palm Beach County.
As of Monday, Feb. 3, there was no vote-history on the bill and no related bill in the Florida House of Representatives.
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