Does Tampa, FL have its own polystyrene foam rules ordinance?

No. Tampa, FL does not appear to have a local polystyrene foam rules ordinance, Florida state law applies instead. The rules summarized on this page come from Florida Statute 500.90.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Tampa

Tampa, FL Single-Use Items: Polystyrene Foam Rules (2026)

Few Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Statute: FL §500.90
Local ban authority: Preempted
Year passed: 2016
Sunset clause: None
Litter law: FL §403.413

Summary

Florida Statute §500.90 preempts any local ban on expanded polystyrene foam containers. Tampa cannot prohibit Styrofoam takeout containers or coolers. The preemption was strengthened in 2016 after Coral Gables and other municipal bans.

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.

Source: Florida Statute 500.90View official code

Full Breakdown

FL §500.90 specifically preempts municipal regulation of polystyrene products used by retail food establishments. The statute was passed in 2016 in direct response to local foam bans (notably Coral Gables, which faced litigation). Tampa cannot ban or restrict the sale, distribution, or use of expanded polystyrene takeout containers, cups, or coolers. The preemption is broader than the plastic bag preemption: it does not even include a study or sunset provision. State agencies may still regulate polystyrene under environmental rules (litter, marine debris), but local Tampa law cannot. Restaurants and retailers may voluntarily choose alternatives. Hillsborough County beach cleanup data shows polystyrene foam among the most-collected items along Tampa Bay.

Violations & Fines

No Tampa ordinance can validly penalize polystyrene use. State litter laws (FL §403.413) apply to improper disposal, with fines up to $500 for residential litter.

Frequently Asked Questions

Can Tampa restaurants stop using Styrofoam containers voluntarily?

Yes. Many already use compostable or paper alternatives. The preemption only blocks government bans. Restaurants face no legal obligation either way under city law.

Why is polystyrene preemption stronger than plastic bag preemption?

FL §500.90 has no study requirement or pending repeal trigger. The 2016 legislature wrote it as an outright prohibition on local action, unlike the bag rule which references a DEP study.

Sources & Official References

[1]FL Statute 500.90

Other rules in Tampa

Animal Ordinances: Chickens & LivestockSome Restrictions Fence Regulations: Height LimitsSome Restrictions Parking Rules: RV & Boat ParkingSome Restrictions Plastic Bag RulesFew Restrictions Plastic Straw RulesFew Restrictions Parking Rules: Towing & Impound RightsSignificant Restrictions Parking Rules: Commercial & Oversized VehiclesSignificant Restrictions Animal Ordinances: Veterinary Clinic ZoningSome Restrictions

All Tampa rules

Florida rules heatmap·Compare Tampa to another location·View the Florida single-use items overview

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.