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.
Gainesville, FL
Gainesville prohibits storing abandoned, inoperable, or unregistered vehicles on public streets or visible on private property. Vehicles may be tagged and to...
Gainesville, FL
Gainesville regulates electric vehicle charging infrastructure for residential and commercial properties. Building codes may require EV-ready parking in new ...
Gainesville, FL
Gainesville regulates overnight parking on public streets. Many areas restrict parking between certain hours or require permits for overnight street parking.
Gainesville, FL
Gainesville requires pool barriers meeting safety codes to prevent drowning. Fences must be at least 4 to 5 feet tall with self-closing, self-latching gates.
Gainesville, FL
Gainesville requires permits for retaining walls above a certain height, typically 4 feet. Engineering review may be required for taller walls.
Gainesville, FL
Gainesville restricts or prohibits intentional feeding of wildlife including deer, coyotes, and bears. Feeding wildlife creates public safety hazards and nui...
See how Gainesville's plastic bag rules rules stack up against other locations.
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