Florida Statute 403.7033 expressly preempts local regulation of auxiliary containers, wrappings, and disposable bags. Miami may not impose a plastic-bag ban or fee. Retailers freely distribute thin plastic bags subject only to optional voluntary recycling programs.
Section 403.7033 directs the Department of Environmental Protection to study auxiliary containers and reserves to the Florida Legislature any regulation of bags, cups, bottles, or similar disposable items used to contain consumer goods. Until the Legislature acts on DEP recommendations, no county or city may adopt a ban, fee, or restriction on plastic carryout bags. Coral Gables passed a polystyrene and bag ban that was struck down in 2018-2019 litigation. Miami therefore relies on voluntary BYOB campaigns, retailer take-back recycling boxes, and Solid Waste education programs rather than a binding ordinance.
Cities adopting bag bans risk lawsuits forcing repeal, declaratory judgments, and attorney-fee awards under Florida's preemption statute. Individual residents and stores using plastic bags face no Miami penalties.
Miami, FL
Florida Statute 500.90 and 403.7033 preempt local regulation of polystyrene foam containers. Miami may not ban Styrofoam takeout boxes, cups, or coolers. Res...
Miami, FL
Florida Statute 500.90(4) and 2019 HB 771 preempt city plastic-straw bans, suspending enforcement of any local ordinance through July 1, 2030. Miami offers s...
Miami, FL
Miami provides curbside single-stream recycling collected weekly. Florida law requires commercial recycling, and Miami encourages residential participation. ...
See how Miami's plastic bag rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.