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.
Fort Lauderdale, FL
Fort Lauderdale's Chapter 17 noise ordinance strictly regulates amplified sound with specific dBA and dBC limits that vary by day of week and time. Residenti...
Fort Lauderdale, FL
Fort Lauderdale restricts construction noise to specific hours. Construction is generally permitted 7 AM to 6 PM Monday through Saturday. Weekend and holiday...
Fort Lauderdale, FL
Fort Lauderdale-Hollywood International Airport (FLL) is a major source of aircraft noise. The airport operates under FAA noise abatement procedures and the ...
Fort Lauderdale, FL
Fort Lauderdale has a comprehensive noise control ordinance (Chapter 17) with specific decibel limits by zone and time of day. Residential zones have a 55 dB...
Fort Lauderdale, FL
Fort Lauderdale addresses abandoned vehicles under Chapter 26 (Traffic and Parking) and Chapter 18 (Nuisances). Vehicles left unattended on public property f...
Fort Lauderdale, FL
Fort Lauderdale regulates retaining walls under the ULDR and the Florida Building Code. Retaining walls over 4 feet in height require building permits with s...
See how Fort Lauderdale's plastic bag rules rules stack up against other locations.
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