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Tampa, FL Single-Use Items: Plastic Bag Rules (2026)

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

Key Facts

Local Ordinance
None: proposals withdrawn 2015 and 2019
Preemption Statute
Fla. Stat. § 403.7033
Year Enacted
2008; reaffirmed 2021
Curbside Status
Bags NOT accepted in blue carts
Drop-Off
Retailer front-of-store film recycling

Summary

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.

403.7033 Departmental analysis of particular recyclable materials. — The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida's ecology and economy. As such, the Department of Environmental Protection shall review and update its 2010 report on retail bags analyzing the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments. [...] 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: Fla. Stat. § 403.7033View official code

Full Breakdown

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 Tampa City Council members proposed bag fees in 2015 and again in 2019; both proposals were withdrawn after the city attorney advised they would be preempted.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.

Violations & Fines

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.

Frequently Asked Questions

Does Tampa have a plastic bag ban?
No. Tampa has no plastic bag ban or fee. Fla. Stat. § 403.7033 preempts every Florida local government, and Tampa's city council withdrew bag-fee proposals in 2015 and 2019 after city-attorney preemption opinions.
Can I put plastic bags in my Tampa recycling cart?
No. Tampa's curbside blue carts do not accept plastic bags: they tangle in sorting equipment at the MRF. Return them to retailer drop-off bins at Publix, Walmart, and Target front entrances, which feed into the WRAP Recycling Action Program.
Could Florida ever let Tampa ban plastic bags?
Only if the Legislature adopts FDEP's recommendations under § 403.7033(3). The 2021 amendment required an updated FDEP report by December 31, 2021, but the Legislature has not acted on it. Until then, Tampa cannot legally adopt a ban or fee.

Sources & Official References

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