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.
Titusville, FL
Titusville Code Chapter 13, Article IV (Noise) establishes quiet hours. Section 13-103 prohibits radios, musical instruments, and similar devices between 10 ...
Titusville, FL
Titusville Code Chapter 5 (Animals) and Chapter 13 (Nuisances) address animal noise. The city also defers to Brevard County Chapter 14 for animal control. Pe...
Titusville, FL
Titusville Code Section 13-102 permits construction noise between 7 AM and 7 PM each day except Sunday for projects with building permits. All equipment must...
Titusville, FL
Titusville Code Chapter 20 regulates traffic and parking. Downtown has 2-hour parking limits on Washington Avenue during business hours. Temporary no-parking...
Titusville, FL
Titusville restricts commercial vehicle parking in residential zoning districts through its Land Development Regulations. Commercial vehicles and heavy equip...
Titusville, FL
Titusville requires vehicles to park on approved paved surfaces. Parking on grass or unpaved areas in residential zones is a code enforcement violation. The ...
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