Florida Statute 500.90 preempts the regulation of polystyrene products by local governments, blocking cities and counties from banning expanded polystyrene foam food containers, cups, and similar items.
Section 500.90, Florida Statutes, expressly preempts the use or sale of polystyrene products by entities regulated under Chapter 500 (the Florida Food Safety Act) to the state. The Legislature later expanded the prohibition: any local ordinance or regulation regarding polystyrene products is null and void. Cities and counties cannot prohibit restaurants, food service establishments, or retailers from using or selling expanded polystyrene foam containers. State environmental regulation continues under Chapter 403 for solid waste handling, but product-level bans are reserved to the Legislature, which has not enacted a statewide ban.
Local polystyrene bans are void; affected food establishments may seek declaratory and injunctive relief against enforcement.
Polk County, FL
Polk County Code of Ordinances Chapter 10.5, Article IV (Noise Disturbance), adopted via Ord. 14-030, restricts unreasonable noise. Construction noise is per...
Polk County, FL
Under the Polk County Land Development Code, residential fences up to eight feet are generally allowed without special review. Solid fences over eight feet r...
Polk County, FL
Polk County Animal Control Ordinance 18-068 (Code Chapter 4, Article II) prohibits dogs from running at large. Owners must keep dogs under direct control by ...
Polk County, FL
Polk County Code of Ordinances Chapter 7, Article IV (Section 7-65) generally prohibits the sale, retail offering, use, or explosion of fireworks within the ...
Polk County, FL
Polk County applies its standard residential parking standards to short-term rentals because Fla. Stat. 509.032(7)(b) preempts STR-specific parking rules. Gu...
Polk County, FL
Polk County does not impose its own occupancy cap on short-term rentals because Fla. Stat. 509.032(7)(b) preempts local STR-specific occupancy rules adopted ...
See how Winter Haven's polystyrene foam rules rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.