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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Local Ordinance
None. Florida preempts
Preemption Statute
Fla. Stat. § 403.7033
Year Enacted
2008 (ch. 2008-227); reaffirmed 2021 (ch. 2021-125)
Scope
Auxiliary containers, wrappings, disposable plastic bags
Litter Enforcement
Fla. Stat. § 403.413 (Florida Litter Law)

Summary

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.

403.7033  Departmental analysis of particular recyclable materials. — The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida’s ecology and economy. As such, the Department of Environmental Protection shall review and update its 2010 report on retail bags analyzing the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments. The updated report must include input from state and local government agencies, stakeholders, private businesses, and citizens and must evaluate the efficacy and necessity of both statewide and local regulation of these materials. To ensure consistent and effective implementation, the department shall submit the updated report with conclusions and recommendations to the Legislature no later than December 31, 2021. Until such time that the Legislature adopts the recommendations of the department, a local government, local governmental agency, or state governmental agency may not enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.

Source: Fla. Stat. § 403.7033View official code

Full Breakdown

Fla. 7033, originally enacted in 2008 (ch. 2008-227, s. 96) and reaffirmed in 2021 (ch. ' 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.

Violations & Fines

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.

Frequently Asked Questions

Does Jacksonville have a plastic bag ban?
No. Jacksonville has no plastic bag ban or fee. Fla. Stat. § 403.7033 preempts every Florida local government from regulating auxiliary containers and plastic bags until the Legislature adopts the Florida DEP's recommendations, which it has not done.
Why don't Jacksonville stores charge for plastic bags?
Because no Florida city can require it. Section 403.7033 explicitly bars any local 'rule, regulation, or ordinance' on the 'tax' of disposable plastic bags. Stores that charge do so under voluntary private policy (rare in Jacksonville).
Will Florida ever let Jacksonville ban plastic bags?
Only if the Legislature adopts new recommendations from the Florida DEP. The 2021 amendment required DEP to submit an updated report by December 31, 2021, but the Legislature has not acted on it. Until it does, the moratorium remains.

Sources & Official References

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