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Miami-Dade County, FL Single-Use Items: Polystyrene Foam Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 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.

City-specific rules exist: Miami has its own polystyrene foam rules rules that differ from Miami-Dade County's county-level regulations. If you live in Miami, check the city-specific page instead.

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 Statutes §500.90View official code

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?
Yes. FL §500.90 preempts local bans in private commerce. Only county-owned parks, beaches, and facilities prohibit polystyrene as proprietor.
Why can the county ban it on its own property?
Courts allow governments to set rules as property owners (proprietary action) even when police-power regulation is preempted, as with R-578-15 on county land.

Sources & Official References

Other rules in Miami-Dade County

All Miami-Dade County rules

Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida single-use items overview

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Polystyrene Foam Rules in Cities Across Miami-Dade County