Tallahassee cannot enforce a plastic bag ban or fee. Fla. Stat. § 403.7033 preempts every Florida local government from regulating disposable plastic bags. As the state capital, Tallahassee enforces no bag rules and the surrounding Leon County also adheres to state preemption.
Fla. Stat. § 403.7033, enacted in 2008 (ch. 2008-227, s. 96) and reaffirmed in 2021 (ch. 2021-125), bars all Florida local governments from regulating 'auxiliary containers, wrappings, or disposable plastic bags' until the Florida DEP's legislative recommendations are adopted — which has not happened. As the capital, Tallahassee sits adjacent to the Legislature that enacted the preemption, and the city has not attempted a bag ordinance. The City of Tallahassee Solid Waste Services Department operates the Curbside Recycling Program (no plastic bags), the Households Hazardous Waste Center, and partners with the Florida Department of Environmental Protection on the Capital Region Recycling Education Program. The Tallahassee Comprehensive Plan environmental goals emphasize voluntary diversion and education rather than restrictions. The Florida Retail Federation v. City of Coral Gables (Fla. 3d DCA 2019) ruling closes any door to local bag regulation absent legislative repeal.
No city violations for plastic-bag use exist. Bag litter is enforceable under Tallahassee City Code Chapter 17 (Solid Waste) and Fla. Stat. § 403.413, the Florida Litter Law. There is no bag fee to collect or evade.
See how Tallahassee's plastic bag rules rules stack up against other locations.
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