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.
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.
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.
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See how Miami's polystyrene foam rules rules stack up against other locations.
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