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.
Pompano Beach, FL
Pompano Beach defines daytime as 7 AM-10 PM and nighttime as 10 PM-7 AM under Chapter 97. Nighttime noise is restricted to approximately refrigerator-level s...
Pompano Beach, FL
Barking dogs fall under Chapter 90 (Animals) and Chapter 97 (Noise Control). Dogs found repeatedly at large or causing nuisance violations can be classified ...
Pompano Beach, FL
Pompano Beach is near Fort Lauderdale-Hollywood International Airport (FLL) and the Pompano Beach Airpark. Aircraft noise is regulated federally by the FAA u...
Pompano Beach, FL
Storing commercial vehicles on public street rights-of-way is unlawful under Β§71.07. Tractor-trailers in residential zones are subject to a $350 fine and tow...
Pompano Beach, FL
Pompano Beach prohibits overnight RV and camper parking on any public street, right-of-way, or public property after 10 PM (Β§71.03). Oversized parking is not...
Pompano Beach, FL
Pompano Beach enforces abandoned vehicle removal under Title VII Traffic Code and FL Β§316.1945 (72-hour threshold on public property). Vehicles without valid...
See how Pompano Beach's plastic bag rules rules stack up against other locations.
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