Orlando, FL Single-Use Items: Plastic Bag Rules (2026)
Key Facts
- Local Ordinance
- None for retailers; city-property rules only
- Preemption Statute
- Fla. Stat. § 403.7033
- City Action
- 2018 ban on single-use plastics at city facilities
- Diversion Goal
- 90% by 2040 (Green Works)
- Confirming Case
- Fla. Retail Fed'n v. Coral Gables (Fla. 3d DCA 2019)
Summary
Orlando cannot enforce a plastic bag ban or fee. Fla. Stat. § 403.7033 preempts all Florida local governments from regulating disposable plastic bags. Orlando's Green Works strategy uses voluntary plastic-reduction pledges and city-operation BYOB rules, but cannot impose retail mandates.
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. 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. Stat. § 403.7033 was enacted in 2008 (ch. 2008-227, s. 96) and reaffirmed in 2021 (ch. 2021-125): until FDEP's recommendations are adopted by the Legislature, 'no local government, local governmental agency, or state governmental agency may enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.' Orlando has been a leader in voluntary plastic reduction within the limits of state law: Mayor Buddy Dyer's Green Works Orlando initiative banned single-use plastics from city-owned facilities and city events in 2018 (an action permitted because it regulates the city itself, not retailers); the city committed to a 90% waste-diversion target by 2040. But Orlando cannot extend rules to Publix, Walmart, or Disney property, those are governed by § 403.7033. The Florida Retail Federation v. City of Coral Gables (Fla. 3d DCA 2019) decision confirmed that preemption defeats municipal bag-ban attempts statewide.
Violations & Fines
Orlando cannot cite retailers for plastic-bag distribution. Single-use plastics on city property (parks, city-run venues, vendor permits) are regulated under the 2018 Green Works directive and concession-contract terms. Litter generally falls under Orlando City Code Chapter 28 (Streets and Sidewalks) and Fla. Stat. § 403.413, the Florida Litter Law.
Frequently Asked Questions
Does Orlando have a plastic bag ban?
Why can the city ban bags at its own venues but not at stores?
Will Orlando get to ban bags retail-wide?
Sources & Official References
Other rules in Orlando
Florida rules heatmap·Compare Orlando to another location·View the Florida single-use items overview
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