Miami-Dade County, FL Single-Use Items: Polystyrene Foam Rules (2026)
Key Facts
- Preemption
- FL §500.90
- County resolution
- R-578-15 (2015)
- Scope
- County property only
- Theory
- Proprietary, not police
Summary
Florida §500.90 preempts local bans on polystyrene foam containers in private commerce. Miami-Dade cannot ban Styrofoam at private restaurants. The county does prohibit polystyrene at county facilities, parks, and beaches under Resolution R-578-15, which courts have upheld as proprietary action.
The regulation of the use or sale of polystyrene products by entities regulated under this chapter is preempted to the department. This preemption does not apply to local ordinances or provisions thereof enacted before January 1, 2016, and does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services, unless such use is otherwise preempted by law.
Full Breakdown
FL §500.90 preempts local ordinances regulating expanded polystyrene foam in private retail and food service. Miami-Dade Resolution R-578-15 (2015) and follow-on rules prohibit polystyrene food containers at county parks, county-operated facilities, and county-managed beaches because the county acts as proprietor rather than regulator there. Concessionaires under county contract must use compostable or recyclable alternatives. Private restaurants outside county property are unaffected. Miami Beach's broader 2014 ordinance was tested and reissued only for city property after preemption challenges. State legislators reintroduce repeal bills periodically without success.
Violations & Fines
Concessionaires using polystyrene at county parks face contract default, removal of permits, and replacement orders by the Parks Department; private restaurants outside county property face no penalty.
Frequently Asked Questions
Can a Miami restaurant use Styrofoam takeout?
Why can the county ban it on its own property?
Sources & Official References
Other rules in Miami-Dade County
Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida single-use items overview
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