Single-Use Items in Miami, FL (2026)
3 verified single-use items rules for Miami, Florida, sourced directly from the municipal code and official government pages.
Verified from official government sources
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.
Miami Plastic Bag Rule — Blocked by Florida Preemption
Few RestrictionsPolystyrene 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.
Florida Preempts Polystyrene Bans Citywide
Few RestrictionsFla. Stat. § 500.90 — Regulation of polystyrene products preempted to department
500.90 Regulation of polystyrene products preempted to department. — The regulation of the use or sale of polystyrene products by entities regulated under this chapter is preempted to the department. This preemption does not apply to local ordinances or provisions thereof enacted before January 1, 2016, and does not limit the authority of a local government to restrict the use of polystyrene by...
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.
Florida Blocks Local Straw Bans Through 2030
Few RestrictionsLooking for Miami-Dade County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Miami city rules.
Single-Use Items in Miami-Dade County →