Miami cannot ban or tax plastic carryout bags. Florida Statute §403.7033, on the books since 2008 and reinforced by HB 7045 in 2019, expressly preempts local regulation of "auxiliary containers" including plastic carryout bags. Coral Gables' 2017 ban was struck down by Florida's Third District Court of Appeal in 2019. Plastic bags remain legal citywide.
Florida Statute §403.7033 has preempted local regulation of "polystyrene products" and "auxiliary containers" (which include plastic carryout bags) since the 2008 amendment, with the legislature directed to study the issue rather than allow local action. After multiple Florida cities passed bag bans anyway, the legislature reinforced preemption with HB 7045 in 2019. In Coral Gables v. Florida Retail Federation, Florida's Third District Court of Appeal upheld the preemption in August 2019, voiding Coral Gables' 2017 plastic bag and polystyrene ban. The result: Miami, Miami Beach, and every other Florida municipality cannot ban, tax, or otherwise restrict plastic carryout bags. Miami-Dade DERM continues voluntary "Plastic Free 305" campaigns and beach-cleanup partnerships, but has no enforcement authority over retailers.
None. The City of Miami cannot impose fines or penalties on retailers for distributing plastic carryout bags. Any local ordinance attempting to do so is preempted and unenforceable under Fla. Stat. §403.7033 and Coral Gables v. Florida Retail Federation (Fla. 3d DCA 2019).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Miami, FL
The City of Miami is a flat, low-elevation coastal urban area and is not designated as a high wildfire hazard severity zone. Most wildland fire activity in M...
Miami, FL
Miami's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays. Political signs are protected as f...
Miami, FL
Miami has no specific City ordinance restricting residential inflatable holiday displays. Practical limits come from HOA and condo covenants, the Miami Code ...
Miami, FL
Miami has no citywide ordinance restricting residential holiday lights at single-family homes. Condo and HOA covenants frequently impose rules under FL §718 ...
Miami, FL
Outdoor kitchens in Miami require building, mechanical, electrical, and plumbing permits from the City of Miami Building Department under the Florida Buildin...
Miami, FL
Miami does not have a specific ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-unit b...
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.