Jacksonville cannot enforce a plastic bag ban or fee. Fla. Stat. § 403.7033 preempts any 'local government, local governmental agency, or state governmental agency' from enacting any rule, regulation, or ordinance regarding 'use, disposition, sale, prohibition, restriction, or tax' of auxiliary containers, wrappings, or disposable plastic bags. The preemption remains in effect statewide.
Fla. Stat. § 403.7033, originally enacted in 2008 (ch. 2008-227, s. 96) and reaffirmed in 2021 (ch. 2021-125), provides that until the Florida Department of Environmental Protection's recommendations are adopted by the Legislature, 'no local government, local governmental agency, or state governmental agency may enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.' FDEP submitted reports in 2010 and was due to submit an updated report by December 31, 2021, but the Legislature has not adopted any new framework — so the moratorium continues. Coral Gables tried to ban polystyrene and plastic bags in 2016 and was sued by the Florida Retail Federation; the case ended in a 2019 settlement after preemption rulings. Jacksonville-Duval Solid Waste promotes voluntary plastic-bag recycling at retailer drop-offs and curbside recycling that explicitly excludes bags. The Florida Keys, Surfside, and a handful of coastal towns have passed symbolic bag-fee resolutions that they do not enforce, knowing they are preempted.
Jacksonville cannot cite retailers or shoppers for distributing single-use plastic bags. Bag-related litter is enforceable through the City of Jacksonville Ordinance Code Chapter 380 (litter and illegal dumping) and Fla. Stat. § 403.413, the Florida Litter Law, both of which apply to all litter and are not bag-specific.
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