Delray Beach, FL Single-Use Items: Plastic Bag Rules (2026)

Few Restrictions

Recently verified

Florida state rule: Delray Beach does not have a local ordinance for plastic bag rules. This topic is governed by Florida state law and applies uniformly across the state.

Summary

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.

Full Breakdown

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.

Frequently Asked Questions

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.

Delray Beach, FL Single-Use Items: Plastic Bag Rules (2026)

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

Related Delray Beach Ordinances

Noise Ordinances: Vehicle Noise

Noise Ordinances: Construction Hours

Noise Ordinances: Amplified Music & Events

Noise Ordinances: Barking Dogs

Noise Ordinances: Industrial Noise

Noise Ordinances: Quiet Hours

Plastic Bag Rules in Other Cities

How does Delray Beach compare?

See something wrong?