Plastic Bag Rules: Orlando vs Winter Park
How do plastic bag rules rules compare between Orlando, FL and Winter Park, FL?
Orlando and Winter Park have similar restriction levels.
Orlando, FL
Orange County
Orlando cannot enforce a plastic bag ban or fee. Fla. Stat. § 403.7033 preempts all Florida local governments from regulating disposable plastic bags. Orlando's Green Works strategy uses voluntary plastic-reduction pledges and city-operation BYOB rules — but cannot impose retail mandates.
View full Orlando rules →Winter Park, FL
Orange County
Florida Statute 403.7033 preempts the regulation of disposable plastic bags by local governments, prohibiting cities and counties from enacting bans or fees on retailers pending a legislative review that has not occurred.
View full Winter Park rules →Key Facts Comparison
| Fact | Orlando | Winter Park |
|---|---|---|
| Local Ordinance | None for retailers; city-property rules only | - |
| Preemption Statute | Fla. Stat. § 403.7033 | - |
| City Action | 2018 ban on single-use plastics at city facilities | - |
| Diversion Goal | 90% by 2040 (Green Works) | - |
| Confirming Case | Fla. Retail Fed'n v. Coral Gables (Fla. 3d DCA 2019) | - |
| - | - |
Highlighted rows indicate differences between cities.
Orlando FAQ
Does Orlando have a plastic bag ban?
Only on city-owned property. Orlando banned single-use plastics at city facilities and city events in 2018 under the Green Works initiative — that is allowed because it regulates city operations. The city cannot extend the rule to Publix or other retailers; Fla. Stat. § 403.7033 preempts that.
Why can the city ban bags at its own venues but not at stores?
Section 403.7033 preempts 'rule, regulation, or ordinance' aimed at the 'use, disposition, sale, prohibition, restriction, or tax' of plastic bags as a market-wide regulation. A city's own purchasing and concession-contract decisions for city property are proprietary choices, not regulations of third parties — so they survive preemption.
Will Orlando get to ban bags retail-wide?
Not without legislative action. The 2021 amendment required FDEP to submit a new report by December 31, 2021, and the Legislature would have to act on those recommendations. No such action has occurred.
Winter Park FAQ
Can a Florida city ban plastic shopping bags?
No. FS 403.7033 preempts local rules on disposable plastic bags until the Legislature adopts authorizing recommendations.
Has any Florida city tried to ban plastic bags anyway?
Yes. Coral Gables enacted a bag ordinance, but Florida courts ruled it preempted under FS 403.7033.
Are there any exceptions for coastal communities?
No statutory exception exists. The preemption applies uniformly across Florida regardless of geography or environmental sensitivity.
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