3 county-level rules, plus city-specific rules for 1 city in Miami-Dade County, Florida.
Verified from official government sources
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.
Fla. Stat. § 403.7033
Until such time that the Legislature adopts the recommendations of the department, a local government, local governmental agency, or state governmental agency may not enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.
Florida §500.90 preempts local bans on polystyrene foam containers in private commerce. Miami-Dade cannot ban Styrofoam at private restaurants. The county does prohibit polystyrene at county facilities, parks, and beaches under Resolution R-578-15, which courts have upheld as proprietary action.
Fla. Stat. § 500.90
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 individuals on public property, temporary vendors on public property...
Florida HB 771 (2019) imposed a moratorium on local plastic straw bans, later effectively continued. Miami-Dade restricts plastic straws only at county-owned beaches, parks, and facilities under proprietary authority. Private restaurants countywide may freely provide plastic straws.
1 cities in Miami-Dade County have their own single-use items rules. Each link goes to that city's dedicated page with code citations.
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