Tampa cannot enforce a plastic bag ban or fee. Fla. Stat. § 403.7033 preempts every Florida local government from regulating auxiliary containers, wrappings, or disposable plastic bags. Tampa's Solid Waste Department operates voluntary recycling programs only and explicitly notes that plastic bags do not belong in curbside blue bins.
Fla. Stat. § 403.7033, enacted in 2008 (ch. 2008-227, s. 96) and reaffirmed in 2021 (ch. 2021-125), provides that until the Legislature adopts FDEP's recommendations 'no local government, local governmental agency, or state governmental agency may enact any rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or disposable plastic bags.' Tampa City Council members proposed bag fees in 2015 and again in 2019; both proposals were withdrawn after the city attorney advised they would be preempted. After the 2019 Florida Retail Federation v. Coral Gables ruling, no Florida municipality has successfully defended a bag ordinance. Tampa's Solid Waste & Environmental Program Management Department promotes Tampa Recycles education, the Twin Bins blue-cart program, and the C&D Diversion Program, but accepts no plastic bags in curbside recycling — bags must be returned to retailer front-of-store film recycling.
Tampa cannot fine bag distribution or use. Litter generally is enforceable under Tampa City Code Chapter 21 (Solid Waste) and Fla. Stat. § 403.413 (Florida Litter Law: up to $500 for small amounts, third-degree felony for commercial dumping). Putting bags in curbside recycling is a contamination issue addressed through education and oops-tag warnings, not citations.
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