Miami's Relaxed Approach to Single-Use Items: What's Allowed

Every city handles single-use items a little differently. In Miami, Florida, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Plastic Straw Rules

Florida Statute 500.90(4) and 2019 HB 771 preempt city plastic-straw bans, suspending enforcement of any local ordinance through July 1, 2030. Miami offers straws by default at restaurants; only voluntary upon-request programs operate citywide.

Key details: Statute: FL §500.90(4). Bill: FL HB 771 (2019). Moratorium: Through 2030. Miami ban: None. Upon request: Voluntary only.

Local enforcement of any plastic-straw restriction is suspended until July 1, 2030. Cities risk attorney-fee awards if they attempt enforcement. Restaurants and consumers face no Miami fines for distributing or using plastic straws.

If you are coming from a city with tighter rules, you will find Miami gives residents more flexibility on plastic straw rules.

Polystyrene Foam Rules

Florida Statute 500.90 and 403.7033 preempt local regulation of polystyrene foam containers. Miami may not ban Styrofoam takeout boxes, cups, or coolers. Restaurants remain free to use foam packaging, though many switch voluntarily to fiber alternatives.

Key details: Statute: FL §500.90. Also: FL §403.7033. Local foam ban: Preempted. Coral Gables: Ban struck 2018. Miami rule: None.

Cities adopting polystyrene bans face injunction, declaratory judgments, and statutory attorney-fee awards. Restaurants and consumers using foam containers in Miami face no city fines, citations, or licensing penalties.

Miami is more permissive than most cities when it comes to polystyrene foam rules. That said, there are still limits.

Plastic Bag Rules

Miami cannot ban or tax plastic carryout bags. Florida Statute §403.7033, on the books since 2008 and reinforced by HB 7045 in 2019, expressly preempts local regulation of "auxiliary containers" including plastic carryout bags. Coral Gables' 2017 ban was struck down by Florida's Third District Court of Appeal in 2019. Plastic bags remain legal citywide.

Key details: Rule: Fla. Stat. §403.7033 preempts local bag regulation (since 2008). Authority: HB 7045 (2019) tightened the preemption to "auxiliary containers". Vehicle: Coral Gables ban struck down by Fla. 3d DCA in 2019. Fee: Miami has no enforceable plastic bag ban or fee. Prohibition: No charge or surcharge can be imposed on bags by the city.

None. The City of Miami cannot impose fines or penalties on retailers for distributing plastic carryout bags. Any local ordinance attempting to do so is preempted and unenforceable under Fla. Stat. §403.7033 and Coral Gables v. Florida Retail Federation (Fla. 3d DCA 2019).

Miami is more permissive than most cities when it comes to plastic bag rules. That said, there are still limits.

The Bottom Line

Compared to many U.S. cities, Miami gives residents more room on single-use items. 3 of the 3 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Miami's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.