Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.
Section 500.90, Florida Statutes, expressly preempts the use or sale of polystyrene products by entities regulated under Chapter 500 (the Florida Food Safety Act) to the state. The Legislature later expanded the prohibition: any local ordinance or regulation regarding polystyrene products is null and void. Cities and counties cannot prohibit restaurants, food service establishments, or retailers from using or selling expanded polystyrene foam containers. State environmental regulation continues under Chapter 403 for solid waste handling, but product-level bans are reserved to the Legislature, which has not enacted a statewide ban.
Local polystyrene bans are void; affected food establishments may seek declaratory and injunctive relief against enforcement.
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Cape Coral, FL
Cape Coral §12-22 (Noise Control Ordinance, amended Dec 2019) prohibits noise plainly audible at 50 feet between 11 PM and 7 AM from any radio, TV, musical i...
Cape Coral, FL
Cape Coral Land Development Code Section 5.2.7 limits residential fences in the front setback, allows up to 6 feet in side and rear yards, and requires open ...
Cape Coral, FL
Dogs in Cape Coral must be under direct control on a leash not exceeding 8 feet in length under Lee County Animal Control Ordinance. Cape Coral Code Chapter ...
Cape Coral, FL
Cape Coral generally allows lawn ornaments, statues, flamingos, garden gnomes, and similar decorative items without a permit. Cape Coral Code Section 5.5.13 ...
Cape Coral, FL
Inflatable holiday displays (giant snowmen, Halloween figures, Easter bunnies) are not specifically regulated by Cape Coral's Code of Ordinances and are gene...
Cape Coral, FL
Cape Coral does not have a dedicated holiday-light ordinance and treats seasonal lighting as a normal residential accessory use, generally allowed without a ...
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