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.
Winter Park, FL
Winter Park requires property owners to maintain lots free of accumulated brush, dead vegetation, and combustible debris. Overgrown lots posing fire hazards ...
Winter Park, FL
Consumer fireworks are banned in Winter Park except on the three state-preempted holidays under FL Statute 791.08: July 4, December 31, and January 1. Sparkl...
Winter Park, FL
Open burning of yard waste is generally prohibited in Winter Park. Yard debris must be placed at curbside for municipal collection. Authorization from the Fl...
Winter Park, FL
Tree removal in Winter Park requires a permit for most trees 4 inches DBH or larger. Even with FL 163.045 preemption for dangerous trees, the city requires a...
Winter Park, FL
Winter Park property maintenance code requires lots to be kept free of noxious weeds, invasive species, and excessive ground cover. Brazilian pepper, air pot...
Winter Park, FL
Winter Park is within the St. Johns River Water Management District (SJRWMD). Year-round landscape irrigation is limited to two days per week based on addres...
Side-by-side rule comparisons with other cities in Orange County.
See how Winter Park'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 If you notice an error or outdated information, let us know.