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.
Section 403.7033, Florida Statutes, directs the Department of Environmental Protection to study disposable plastic bags and submit recommendations to the Legislature. Until the Legislature adopts the recommendations, no local government may enact any rule, regulation, or ordinance regarding the use, disposition, sale, prohibition, restriction, or tax of such bags. The Legislature has not enacted authorizing legislation, so plastic bag bans, paper-bag fees, and similar measures by cities and counties remain preempted. Florida courts have invalidated local bag-fee programs (e.g., Coral Gables) on this basis. Statewide solid waste rules under Chapter 403 still apply.
Local plastic bag ordinances are void and unenforceable; affected retailers and the state may seek declaratory and injunctive relief.
Apopka, FL
Modified exhaust, loud stereos, and jake-brake use are prohibited in Apopka. Car stereos audible 25 feet away violate state law, and Apopka Code Chapter 38 b...
Apopka, FL
Apopka quiet hours run 10 PM to 7 AM on weeknights and 11 PM to 8 AM weekends under Apopka Code Chapter 38 (Noise). Unreasonable noise at any hour violates F...
Apopka, FL
Gas and electric leaf blowers are permitted in Apopka between 7 AM and 7 PM daily. There is no decibel cap specific to leaf blowers, and commercial landscape...
Apopka, FL
Apopka generally permits overnight on-street parking in residential zones unless posted otherwise. No citywide overnight ban exists. HOAs frequently prohibit...
Apopka, FL
Apopka follows Florida Building Code EV-ready provisions and FL §366.94 which preempts local restrictions on residential EV charging. Level 2 home charger in...
Apopka, FL
Apopka tags vehicles as abandoned after 72 hours of inoperable condition on public or private property. Inoperable means flat tires, missing parts, expired t...
Side-by-side rule comparisons with other cities in Orange County.
See how Apopka's plastic bag rules rules stack up against other locations.
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