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Miami-Dade County, FL Single-Use Items: Plastic Bag Rules (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Preemption
FL §403.7033
Local bans
Not allowed
Coral Gables case
FRF v. Coral Gables 2019
Retailer programs
Voluntary only

Summary

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.

These county ordinances apply to unincorporated areas of Miami-Dade County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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.

Source: Florida Statutes §403.7033View official code

Full Breakdown

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.

Violations & Fines

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.

Frequently Asked Questions

Can my city ban plastic bags?
No. FL §403.7033 preempts all local regulation. The 2019 Florida Retail Federation decision struck down Coral Gables and similar bans across the state.
Are paper bag fees allowed?
No local fee on disposable bags is permitted. Stores may voluntarily charge or rebate, but a government-mandated fee is preempted under §403.7033.

Sources & Official References

Other rules in Miami-Dade County

Noise Ordinances: Construction HoursSome RestrictionsPolystyrene Foam RulesSome RestrictionsNoise Ordinances: Decibel LimitsSome RestrictionsParking Rules: Towing & Impound RightsHeavy RestrictionsAnimal Ordinances: BeekeepingSome RestrictionsAnimal Ordinances: Wildlife FeedingSignificant RestrictionsFire Regulations: Outdoor BurningHeavy Restrictions

All Miami-Dade County rules

Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida single-use items overview

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Plastic Bag Rules in Cities Across Miami-Dade County

Miami, FLHialeah, FLMiami Gardens, FLHomestead, FLMiami Beach, FLCoral Gables, FLDoral, FLNorth Miami, FL