Florida Statute 403.7033 preempts the regulation of disposable plastic bags by local governments, prohibiting cities and counties from enacting bans or fees on retailers pending a legislative review that has not occurred.
Section 403.7033, Florida Statutes, directs the Department of Environmental Protection to study disposable plastic bags and submit recommendations to the Legislature. Until the Legislature adopts the recommendations, no local government may enact any rule, regulation, or ordinance regarding the use, disposition, sale, prohibition, restriction, or tax of such bags. The Legislature has not enacted authorizing legislation, so plastic bag bans, paper-bag fees, and similar measures by cities and counties remain preempted. Florida courts have invalidated local bag-fee programs (e.g., Coral Gables) on this basis. Statewide solid waste rules under Chapter 403 still apply.
Local plastic bag ordinances are void and unenforceable; affected retailers and the state may seek declaratory and injunctive relief.
Palm Bay, FL
Palm Bay Code of Ordinances Chapter 92 regulates noise disturbances. Section 92.03 prohibits noise that materially disrupts the peace, with radios, TVs, and ...
Palm Bay, FL
Palm Bay adopts Brevard County's animal control regulations under Chapter 90. Persistent barking for 30 consecutive minutes or longer when not in a noise-baf...
Palm Bay, FL
Palm Bay Code of Ordinances Section 92.03 limits construction to 7 AM to 9 PM on weekdays. After-hours construction requires a permit from the Building Offic...
Palm Bay, FL
Palm Bay Code Section 185.123 restricts RV parking in residential areas. RVs may not park or be stored in the front yard for more than 24 consecutive hours o...
Palm Bay, FL
Palm Bay allows street parking on most residential roads but prohibits overnight parking on major corridors including Palm Bay Road and Malabar Road. Parking...
Palm Bay, FL
Palm Bay regulates commercial vehicle parking in residential areas under Chapter 74.25. Commercial vehicles and equipment are subject to restrictions in resi...
See how Palm Bay'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 If you notice an error or outdated information, let us know.