Florida Statute §403.7033 prohibits municipalities from banning, regulating, or charging fees on plastic bags, polystyrene, or other auxiliary containers. Tampa cannot enact a local plastic bag ban, fee, or mandate.
FL §403.7033 directs the Florida Department of Environmental Protection to study auxiliary containers and explicitly preempts local governments from enacting any regulation on plastic bags, paper bags, or single-use containers until the legislature acts on DEP's recommendations. The DEP report was delivered in 2010, but the legislature never lifted the moratorium. Tampa's 2018 attempt to study a local bag fee was abandoned after the city attorney determined it would be invalid under the preemption. Coral Gables' 2017 plastic bag ban was struck down in 2023 (Florida Retail Federation v. City of Coral Gables) on these grounds. Tampa retailers may voluntarily charge for bags or offer discounts for reusables.
Any Tampa ordinance banning or fee-charging plastic bags would be invalid and unenforceable under state preemption. No retailer penalties exist under city law.
Tampa, FL
Florida Statute §500.90 preempts any local ban on expanded polystyrene foam containers. Tampa cannot prohibit Styrofoam takeout containers or coolers. The pr...
Tampa, FL
Florida Statute §403.7033 covers all single-use auxiliary containers including plastic straws. A 2019 attempt to restrict the preemption with HB 771 was veto...
See how Tampa's plastic bag rules rules stack up against other locations.
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