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