Miami, FL Single-Use Items: Polystyrene Foam Rules (2026)
Key Facts
- Statute
- FL §500.90
- Also
- FL §403.7033
- Local foam ban
- Preempted
- Coral Gables
- Ban struck 2018
- Miami rule
- None
Summary
Florida Statute 500.90 and 403.7033 preempt local regulation of polystyrene foam containers. Miami may not ban Styrofoam takeout boxes, cups, or coolers. Restaurants remain free to use foam packaging, though many switch voluntarily to fiber alternatives.
500.90 Regulation of polystyrene products preempted to department. — 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. History. — s. 7, ch. 2016-61.
Full Breakdown
Section 500.90 explicitly preempts to the state any regulation of polystyrene products by local governments. Section 403.7033 extends the same preemption to auxiliary containers more broadly. Coral Gables and Miami Beach earlier banned expanded-polystyrene foam, but Florida courts in 2018 (Florida Retail Federation v. Coral Gables) upheld the preemption against city challenges. Miami consequently never enacted a binding foam ordinance. The City instead encourages fiber takeout containers through its sustainability and Resilient305 climate plans, and county parks and beaches discourage foam coolers but cannot ban them.
Violations & Fines
Cities adopting polystyrene bans face injunction, declaratory judgments, and statutory attorney-fee awards. Restaurants and consumers using foam containers in Miami face no city fines, citations, or licensing penalties.
Frequently Asked Questions
Can Miami restaurants still hand out Styrofoam clamshells?
Are foam coolers allowed at Miami beaches?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida single-use items overview
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