Sample Legislation

Local Ordinances

When speaking with your mayor, city/county commissioners, or city attorney about a plastic/foam ordinance, it would be helpful to share these examples of ordinances with them so that it takes less staff time to draft their own ordinance.

Examples of Florida Ordinances:

You can share these ordinances with your mayor, commissioner, and/or city/county attorney. This can help them craft their ordinance language.

Local Action by City/County Staff

Your City/County staff, together with your elected officials, can also enact an administrative policy regarding purchasing, events, vendors, concessionaires, and special permits. For example, prohibiting EPS foam food containers/products on City property.

Utensils

No municipalities in Florida have completely banned plastic utensils…yet. But they can! There is no preemption on plastic utensils. Your city/county can completely ban single-use plastic forks/knives/spoons, which would mean that your stores and restaurants could not distribute or sell them. You could also choose to pass an ordinance which would require a fee on them.

Although reusable utensils are better, wooden disposable utensils do exist.

You can also pass an “opt-in” or “by request only” law for delivery/take out utensils. This would mean that a customer would have to specifically opt-in or request plastic utensils instead of automatically receiving them with every food order. Everyone wins with this law. This saves businesses money while also reducing plastic waste. Many delivery and take-out orders are eaten in the home, where customers already have utensils.

The City of Gainesville passed a Skip the Stuff/By Request Only ordinance. “Prepared food providers shall not provide single-use plastic food accessories (such as plastic utensils, condiment packets, portion cups) for dine-in, take-out or delivery, unless the single-use food accessory is specifically requested by the customer or is provided at a customer self-serve station.” This “By Request Only” plastics ordinance was passed June 2, 2022 and will go into effect September 2, 2022. This ordinance reduces plastic and also saves restaurants money because they do not purchase as many unnecessary accessories.

Coconut Creek passed a By Request Only for plastic food accessories in September 2024.

Here’s an example from Maryland that requires customers to opt-in for accessories such as utensils, straws, condiments, etc: https://apps.howardcountymd.gov/olis/LegislationDetail.aspx?LegislationID=12666

Expanded polystyrene foam ordinance on city property (model Florida ordinance):

Entire states are banning single-use polystyrene foam. So far, 8 states have banned polystyrene foam takeout containers because of the harm to human health and the environment. You can send this model expanded polystyrene foam ordinance (city property) to your mayor, commissioner, and city/county attorney. Florida municipalities are currently allowed to pass this ordinance, even with our state preemptions. Click here for a model foam ordinance to send to your city attorney for consideration:

Florida Springs: State Parks policies

Rainbow River, Ichetucknee River, and Weeki Wachee River all have disposable container policies that have dramatically reduced litter along the rivers.

Straws:

There are readily available non-plastic alternatives to straws, so straws are easy to reduce. Straws are also not preempted by the state of Florida (unlike plastic bags). In the Ocean Conservancy’s 2018 International Coastal Cleanup alone, volunteers collected 3.6 million straws and stirrers from beaches. They were the third most commonly collected items. Straws are unfortunately not recyclable due to their size.

Please keep in mind people with disabilities when crafting your straw ordinance:

1. Businesses could still provide plastic straws to those who need them. To avoid regular invasions of privacy, they could simply be available upon request.
2. Some governments implementing bans have included disability exemptions in their legislation, and made sure business owners were aware of these exemptions.
3. Straw bans typically require businesses to maintain a supply of plastic straws to be available by the request of those who need them. No proof of disability should be required.
4. Understand that some single use and reusable options which are currently available do not work for all people with disabilities.

Special Event Permits and Pavilion Rentals:

Your municipality can prohibit specific single-use plastics/foam in special event permits.

Hollywood’s Special Events Permit Application has this language:

“The City’s plastic and Styrofoam ordinance passed in 2020, §97.08-97.12, prohibits the use of polystyrene (“Styrofoam”), single-use plastic and bioplastic food service products. This includes eating and serving utensils, tableware, containers, lids, plates, bowls, cups, straws, wrappings, bottles, bags or other packaging and all similar articles used for transporting or consuming prepared food or beverages • Reusable, compostable, or biodegradable materials may be used as alternatives such as paper, bamboo, and other plant-based fiber items • A responsible products catalogue can be provided to assist in your sourcing of these items.”

See Hollywood’s Special Event Permit Application here.

You could also include this in your city’s pavilion rental applications/contracts.

What has the city of Hollywood passed to reduce single use plastics?

Hollywood has a unique ordinance that was grandfathered in before the preemptions. Nonbiodegradable containers, like plastics and expanded polystyrene foam (EPS), for serving food products, are banned east of the Intracoastal Waterway. Cups, lids, straws, plates, bowls, utensils, sandwich containers, or other packaging, which are made of plastic, polystyrene plastic, or of any nonbiodegradable material are banned. According to Chapter 97.05 of the City of Hollywood Code of Ordinances, any establishment located east of the Intracoastal Waterway selling food intended for consumption by customers off the premises of their business, is included. Businesses may use any compostable materials or paper. Businesses may also access the Biodegradable Products Institute (BPI), which is an online catalog of key individuals and groups from government, industry and academia, which promotes the use and recycling of biodegradable polymeric materials (via composting).

^{Also, in the Hollywood Beach Area, all tableware must be non-disposable and composed of materials that are sturdy and substantial to ensure that the tableware remains on the table in spite of wind that customarily occurs in South Florida. In addition, cloth napkins shall be used on all tables. (124.07)}

Hollywood residents help by reporting violations to code enforcement.

Hollywood recently took another step to reduce plastic on city property and in city events/contracts. Read more here.

Examples of how cities promote their plastic free initiatives:

Municipalities in Florida That Passed Plastics and/or EPS Foam Ordinances

Note: A few of these had to be repealed due to the state legislature’s preemptions on bags, foam, and plastic containers.

Alachua County	Straw ban. Had to be repealed: ban on polystyrene, Styrofoam, containers and single-use plastic bags
Atlantic Beach	Ordinance prohibiting the sale and distribution of polystyrene EPS on city property and the beach
Bal Harbour	2019 Ordinance: ban the use and distribution of most single-use plastics, including straws, utensils, and shopping bags. The ordinance prohibits the use or distribution of single-use plastics in commercial establishments.
Bay Harbour Islands	Ordinance- Ban on plastic straws/stirrers.
Boca Raton	Ordinance to ban polystyrene foam foodware on city property and city events. The ordinance also prohibits confetti and balloons on outdoor city property. Temporary vendors are prohibited from selling or distributing food and drinks packaged in polystyrene foam products on city property.
Boynton Beach	Ordinance to prohibit polystyrene foam, balloons, and confetti on all city property, which includes parks and the beach.
Broward County	Resolution to amend the existing administrative code to restrict the distribution, sale, and use of expanded polystyrene (foam) items, and single-use plastic straws and stirrers on County properties – including parks, airport terminals, and cruise ship terminals. The amendment also includes a ban on the use and release of Chinese lanterns, and confetti on County property.
Coconut Creek	Coconut Creek passed an ordinance to prohibit plastic straws and stirrers, prohibit foam containers on city property, require plastic food accessories by request only, and prohibit the intentional release outdoors of balloons, glitter, and plastic confetti.
Coral Gables	Had to be repealed: ban on bags and foam.
Dania Beach	Straw ban. Ordinance: ban on polystyrene containers, like coffee cups and coolers, from all city events
Deerfield Beach	Straw ban. 2 resolutions encouraging local retail stores, restaurant, and all city businesses to reduce the use of polystyrene products and also encourage city staff to negotiate “no polystyrene clauses” into their contracts with vendors.
Delray Beach	Prohibiting the use of single-use polystyrene foam food-service products by city vendors, as well as the use of these plastic products on city property, straw ban
Fort Lauderdale	Plastic straw ban. Ordinance prohibiting the use of single-use polystyrene foam food-service products by city vendors, as well as the use of these plastic products on city property. The ordinance prohibits the use of single-use polystyrene foam cups and food containers in places like city parks, city facilities and the beach.
Fort Myers Beach	Straw ban. Skip the Stuff ordinance, ban on polystyrene foam on City property, balloon releases, glitter, plastic straws/stirrers
Gainesville	Straw ban. Skip the Stuff ordinance. Ordinance also includes ban on polystyrene foam on city property, glitter, and balloon releases. Repealed: bag ban.
Hallandale Beach	Straw ban. Ordinance: the prohibition of expanded polystyrene food service articles and single-use carryout plastic bags on public beaches; the prohibition of distributing expanded polystyrene food service articles and/or single-use carryout plastic bags from beachside establishments
Hollywood	Ordinance- no plastic or foam east of intracoastal (passed in 1974, grandfathered in, began enforcement in 2018). Additional ordinance prohibiting the use of polystyrene and single-use plastic food-service products by city vendors, as well as the use of these plastic products on city property. The ordinance prohibits the use of single-use plastic products, such as water bottles, utensils, cups and plates, and expanded polystyrene foam coolers in places like city parks, city facilities and the beach. Included in this ordinance is a ban on intentional balloon releases.
Key Biscayne	Plastic straw ban.
Key West	Plastic straw ban. Foam on city property.
Largo	Ban on City property: foam products (cups, plates, bowls, clamshells, to-go boxes, etc) ·Plastic straws and stirrers (including the use of bio-plastic straws) ·Plastic utensils ·Plastic plates, cups, and bowls
Lauderdale by the Sea	Straw ban.
Lauderhill	Ordinance to prohibit single-use plastic/foam foodware on city property and also banned the intentional release of balloons.
Marco Island	Straw ban.
Miami Beach	City-wide ban on foam. Ordinance banning single-use plastic beverage straws, stirrers and single-use plastic bags on the city’s beaches, streets, and prohibiting plastic bags from being distributed by sidewalk cafes, marinas and other public places. The City of Miami Beach Commission also passed an ordinance to prohibit harmful plastic and metallized decorations – including glitter, confetti, artificial flower petals, sequins, and more – from their beaches, parks, and marinas.
Miami Dade County	The Miami-Dade County Board of County Commissioners voted in favor of a resolution sponsored by Commissioner Eileen Higgins to eliminate single-use plastics and expanded polystyrene foam at Miami-Dade County facilities like Miami International airport, PortMiami and County offices.
Miami Dade County Parks and Beaches	No foam on public parks beaches Miami Dade County
Miami Shores	No single-use plastic water bottles city property.
North Bay Village	2019 ordinance- ban on single-use plastic bags, utensils, and straws
Oakland Park	Straw ban.
Orange County	No EPS foam in any new county contracts, including convention center.
Orlando	Ordinance prohibits the distribution of single-use plastic bags, straws, and utensils at city-owned parks and venues. The law also bans polystyrene, more commonly known as Styrofoam, products like cups and coolers.
Ormond Beach	Straw ban.
Palm Beach	2019: ordinance banning plastic bags.
Palm Beach Gardens	Resolution prohibiting the use of polystyrene products on public property. Resolution to prohibit balloons, confetti, and glitter on public property.
Palmetto Bay	Straw ban. 2016- EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES” , PROHIBITIONS OF SALE OR USE BY VILLAGE CONTRACTORS.
Pinecrest	straw ban. 2019- polystyrene foam ban.
Plantation	Administrative Policy to prohibit expanded polystyrene foam food service items on City property and in City facilities. This would apply to vendors, contracts, event permits, and concessionaires.
Pompano Beach	Straw ban.
Sanibel	Straw ban.
Sarasota	City Ordinance Banning Plastic Straws and Polystyrene
Seminole County	Banned single-use products and plastic bags from being sold or disbursed on county properties by either staff or contracted vendors to encourage the use of biodegradable or reusable containers. The ban includes plastic materials — such as utensils, cups, coffee stirrers, straws and trays
St Augustine	Repealed: Bag ban.
St Pete	Straw ban city-wide. Foam ban public property.
Stuart	Straw ban (repealed). Ordinance: single use plastic and foam materials at all city-owned parks, facilities, venues and permitted events,
Sunny Isles Beach	Straw ban. Ordinance to ban single-use polystyrene foam foodware and cups on city property
Surfside	Straw ban. Repealed in 2019: ban of most single-use plastics, plastic bags, utensils, and dinnerware
Tallahassee	Policy restricts the utilization of single-use plastics for all food and beverage service at City events and on City property.
Tampa	Ban on distributing foam cups, plates and other items on public property.
West Palm Beach	Straw ban.
Wilton Manors	Straw ban.
Winter Park	Pilot program: bans at city properties specific items, from plastic straws, stirrers and bags, to go foam containers

Examples of Reuse Acceleration Policies

Would you like to advocate for a reuse policy? For example, having to “opt-in” for accessories when ordering take-out and delivery? Requiring reusables for on-site dining?

View and download sample model reuse policies from UPSTREAM here.

You can also suggest this to your state legislators and ask for a statewide “opt in” or “by request only” law.

Bonus: California restaurants that have already switched to by-request utensils have saved between $3,000 and $21,000 per year.