final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Miami-Dade County Lower
Tribunal No. 16-18370, Jorge E. Cueto, Judge.
Moody, Attorney General, and Amit Agarwal (Tallahassee),
Solicitor General; Lehtinen Schultz Riedi Catalano De la
Fuente, PLLC, and Dexter W. Lehtinen, and Claudio Riedi, for
E. Leen, City Attorney, and Miriam S. Ramos, Deputy City
Attorney; Kozyak Tropin & Throckmorton LLP, and Corali
Lopez-Castro, Rachel Sullivan and Mindy Y. Kubs, for
Deady (West Palm Beach); Derek Howard; Roget V. Bryan, for
City of West Palm Beach, Monroe County, and Islamorada,
Village of Islands, as amici curiae.
J. Aguila, City Attorney, and Nicholas Kallergis, Assistant
City Attorney; Jean K. Olin, for City of Miami Beach, as
Earthjustice and Bonnie A. Malloy (Tallahassee), for
Surfrider Foundation, Campaign to Defend Local Solutions,
League of Women Voters of Florida, Legal Scholars, 1000
Friends of Florida, ReThink Energy Florida, Florida Wildlife
Federation, Save the Manatee Club, and Center for Biological
Diversity, as amici curiae.
FERNANDEZ, LINDSEY, and HENDON, JJ. 
2016, the City of Coral Gables (the "City") passed
an Ordinance prohibiting food service providers and stores
from selling or using expanded polystyrene (i.e. Styrofoam)
containers. The Florida Retail Federation and Super
Progreso (collectively "FRF") filed the
underlying complaint seeking a declaration that the
City's Polystyrene Ordinance was preempted by three
separate Florida Statutes: sections 403.708(9), 403.7033, and
500.90. Because the trial court erred in finding the three
statutes unconstitutional and concluding that the City's
Polystyrene Ordinance was not preempted, we reverse.
appeal concerns the validity and preemptory effect of the
following three state statutes, which the trial court
concluded were unconstitutional:
• Section 403.708(9) (enacted in 1974) provides that
"[t]he packaging of products manufactured or sold in the
state may not be controlled by governmental rule, regulation,
or ordinance . . . ."
• Section 403.7033 (enacted in 2008) prohibits local
governments from enacting "any rule regulation, or
ordinance regarding use, disposition, sale, prohibition,
restriction, or tax of . . . auxiliary containers, wrappings,
or disposable plastic bags."
• Section 500.90 (effective July 1, 2016) preempts the
"regulation of the use or sale of polystyrene
products" by local ordinances enacted after January 1,
City enacted Ordinance 2016-08 on February 9,
2016. The Ordinance generally prohibits
"[f]ood service providers and stores" from selling,
using, offering for sale, or "provid[ing] food or
beverages in expanded polystyrene containers." City of
Coral Gables, Fla., Code of Ordinances § 34-264(a)
(2019).On April 26, 2016, the City passed
Ordinance 2016-28, "exercise[ing] its Home Rule powers
under article VIII, section 6 of the Florida Constitution of
1968 to conflict with, modify, and nullify the polystyrene