Florida Statute §403.7033 preempts all local regulation of disposable plastic bags. Miami-Dade and its cities cannot ban or tax single-use plastic bags. Miami Beach passed a bag ban in 2018 that was struck down. Retailers may voluntarily adopt reusable-bag programs.
FL §403.7033 directs the Florida Department of Environmental Protection to study auxiliary containers and prohibits any local government from enacting regulation of disposable plastic bags until the state acts, which it has not. Miami Beach's 2018 plastic bag ban was struck down on appeal in 2019 in Florida Retail Federation v. City of Coral Gables. Miami-Dade unincorporated has no bag ordinance, and constituent cities cannot adopt one. Retailers like Whole Foods and Publix run voluntary reusable-bag rebate programs unaffected by preemption. Some cities encourage reuse through education campaigns, which are allowed.
There are no county penalties because no local bag rule exists. Retailers cannot be fined for using or distributing plastic bags under any Miami-Dade or city ordinance.
See how Miami Beach's plastic bag rules rules stack up against other locations.
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