Jacksonville, FL Single-Use Items: Plastic Bag Rules (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.
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Fla. 7033, originally enacted in 2008 (ch. 2008-227, s. 96) and reaffirmed in 2021 (ch.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?
Why don't Jacksonville stores charge for plastic bags?
Will Florida ever let Jacksonville ban plastic bags?
Sources & Official References
Other rules in Jacksonville
Florida rules heatmap·Compare Jacksonville to another location·View the Florida single-use items overview
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