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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Cape Coral, FL
Cape Coral §12-22 (Noise Control Ordinance, amended Dec 2019) prohibits noise plainly audible at 50 feet between 11 PM and 7 AM from any radio, TV, musical i...
Cape Coral, FL
Cape Coral Land Development Code Section 5.2.7 limits residential fences in the front setback, allows up to 6 feet in side and rear yards, and requires open ...
Cape Coral, FL
Dogs in Cape Coral must be under direct control on a leash not exceeding 8 feet in length under Lee County Animal Control Ordinance. Cape Coral Code Chapter ...
Cape Coral, FL
Cape Coral generally allows lawn ornaments, statues, flamingos, garden gnomes, and similar decorative items without a permit. Cape Coral Code Section 5.5.13 ...
Cape Coral, FL
Inflatable holiday displays (giant snowmen, Halloween figures, Easter bunnies) are not specifically regulated by Cape Coral's Code of Ordinances and are gene...
Cape Coral, FL
Cape Coral does not have a dedicated holiday-light ordinance and treats seasonal lighting as a normal residential accessory use, generally allowed without a ...
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