Plastic Bag Rules: Miami vs North Miami
How do plastic bag rules rules compare between Miami, FL and North Miami, FL?
Miami and North Miami have similar restriction levels.
Miami, FL
Miami-Dade County
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.
View full Miami rules →North Miami, FL
Miami-Dade County
Florida Statute §403.7033 preempts all local regulation of disposable plastic bags. Miami-Dade and its cities cannot ban or tax single-use plastic bags. Miami Beach passed a bag ban in 2018 that was struck down. Retailers may voluntarily adopt reusable-bag programs.
View full North Miami rules →Key Facts Comparison
| Fact | Miami | North Miami |
|---|---|---|
| - | - | |
| Preemption | - | FL §403.7033 |
| Local bans | - | Not allowed |
| Coral Gables case | - | FRF v. Coral Gables 2019 |
| Retailer programs | - | Voluntary only |
Highlighted rows indicate differences between cities.
Miami FAQ
Is there a plastic bag ban in Miami?
No. Florida Statute §403.7033 preempts all local bag regulation, and the Third District Court of Appeal struck down Coral Gables' ban in 2019. Miami cannot enforce any bag ban or fee.
Why can't Florida cities ban plastic bags?
Because state law (Fla. Stat. §403.7033 and HB 7045/2019) expressly preempts local regulation of "auxiliary containers" including plastic carryout bags. Only the legislature can change this.
Do Miami stores charge for bags?
No mandatory charge exists. Some retailers voluntarily offer reusable-bag credits, but the city has no authority to require a fee.
North Miami FAQ
Can my city ban plastic bags?
No. FL §403.7033 preempts all local regulation. The 2019 Florida Retail Federation decision struck down Coral Gables and similar bans across the state.
Are paper bag fees allowed?
No local fee on disposable bags is permitted. Stores may voluntarily charge or rebate, but a government-mandated fee is preempted under §403.7033.
Compare other topics
See how Miami and North Miami compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool