LTC 395-2019 CITY OF HALLANDALE RESOLUTION NO. 2019-047 MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 395-2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the Ci y Commission
FROM: Rafael E. Granado, City Clerk /
DATE: July 12, 2019
SUBJECT: CITY OF HALLANDALE RESOLUTION NO. 2019-047
Attached for your information is Resolution No. 2019-047, adopted by the Mayor and City
Commission of City of Hallandale on June 20, 2019.
A RESOLUTION OF THE CITY OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA
URGING STATE ACTION TO ADDRESS THE PROLIFERATION AND
ENVIRONMENTAL IMPACT OF SINGLE-USE PLASTIC BAGS; URGING
THE LEGISLATIVE ADOPTION OF THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION FEBRUARY 1, 2010, STUDY
RECOMMENDING STATE ACTION REGARDING SINGLE-USE PLASTIC
BAGS; OPPOSING CONTINUED PREEMPTION OF LOCAL
LEGISLATIVE EFFORTS TO ADDRESS THE PROLIFERATION OF
SINGLE-USE PLASTIC BAGS IF THE STATE IS REFUSING TO TAKE
ACTION; AND SUPPORTING INITIATIVES BY LOCAL MUNICIPALITIES
IN FLORIDA TO LESSEN THE NEGATIVE IMPACT OF SINGLE-USE
PLASTIC BAGS ON OUR ENVIRONMENT; DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of this Resolution be provided to the
Miami Beach Mayor, Commissioners and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/Ic
Attachment
F:\CLER\$ALL\LILIA\LTC's-Transmittal's\Resolution 2019-038 City of Hallandale.docx
1
2 RESOLUTION NO. 2019-047
3 A RESOLUTION OF THE CITY OF THE MAYOR AND CITY COMMISSION OF
4 THE CITY OF HALLANDALE BEACH, FLORIDA URGING STATE ACTION TO
5 ADDRESS THE PROLIFERATION AND ENVIRONMENTAL IMPACT OF
6 SINGLE-USE PLASTIC BAGS; URGING THE LEGISLATIVE ADOPTION OF
7 THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
8 FEBRUARY 1, 2010, STUDY RECOMMENDING STATE ACTION REGARDING
9 SINGLE-USE PLASTIC BAGS; OPPOSING CONTINUED PREEMPTION OF
10 LOCAL LEGISLATIVE EFFORTS TO ADDRESS THE PROLIFERATION OF
11 SINGLE-USE PLASTIC BAGS IF THE STATE IS REFUSING TO TAKE ACTION;
12 AND SUPPORTING INITIATIVES BY LOCAL MUNICIPALITIES IN FLORIDA TO
13 LESSEN THE NEGATIVE IMPACT OF SINGLE-USE PLASTIC BAGS ON OUR
14 ENVIRONMENT; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
15 THIS RESOLUTION; PROVIDING FOR CONFLICT; PROVIDING FOR
16 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
17 WHEREAS, the City of Hallandale Beach, a coastal community, is diligent in its efforts to
18 preserve the beautiful environment, including our ocean, waterways, Everglades and land in
19 between, which is so vital to our regional economy and the State of Florida; and
20 WHEREAS, it is well understood that plastic bags are detrimental to our environment
21 because they do not fully degrade in our oceans or land environment and introduce unsafe
22 chemicals into our environment; and
23 WHEREAS, plastic bags create the potential for death of marine animals through
24 entanglement and ingestion, as well as the potential for poisoning through the ingestion of micro-
25 plastics, which are the product of the partial degradation of the plastic bags; and
26 WHEREAS, the expansive usage of single-use shopping bags and their low disposal and
27 recycling rates creates an impediment to the City's waste reduction and recycling goals while
28 creating unsightly litter and pollution; and
29 WHEREAS, single-use plastic bags are difficult to recycle and frequently contaminate
30 material that is processed through the City's curbside recycling and composting programs; and
31 WHEREAS, reusable bags are considered to be the best option to reduce waste and litter,
32 protect wildlife and conserve resources; and
FILE NO. 19-243 1 RESO NO. 2019-047
33 WHEREAS, the City applauds those businesses and residents who have taken affirmative
34 and proactive steps towards the goal of reducing single-use plastic bags in the distribution chain
35 and environment; and
36 WHEREAS, the Florida Legislature passed a law in 2008 which stated "[t]he Legislature
37 finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida's
38 ecology and economy." (Fla. Stat. Section 403.7033); and
39 WHEREAS, the Florida Legislature, through the enactment of Florida Statutes Section
40 403.7033, directed "the Department of Environmental Protection shall undertake an analysis of
41 the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic
42 bags used by consumers to carry products from retail establishments. The analysis shall include
43 input from state and local government agencies, stakeholders, private businesses, and citizens,
44 and shall evaluate the efficacy and necessity of both statewide and local regulation of these
45 materials. To ensure consistent and effective implementation, the department shall submit a
46 report with conclusions and recommendations to the Legislature no later than February 1, 2010.";
47 and
48 WHEREAS, the Florida Department of Environmental Protection ("FDEP") issued and
49 transmitted a report on February 1, 2010, titled Retail Bags Report to Legislature, which outlined
50 "how improperly discarded plastic bags can affect wildlife, marine life, landfill operation and flood
51 control systems and explores the various approaches that other states and countries have taken
52 to address this issue. Included in the report is a wide-ranging set of options for decreasing the
53 number of bags being used as well as increasing the number of bags being recycled"
54 (https://floridadep.gov/waste/waste-reduction/content/retail-bags-report); and
55 WHEREAS,the FDEP's 2010 report concluded"there are ways to reduce our dependency
56 on these bags and to properly reuse or dispose of them" and recommended "that the Legislature
57 review the available options and take action to discourage the use of single-use paper and plastic
58 retail bags and encourage the use of reusable retail bags." (https://floridadep.gov/waste/waste-
59 reduction/content/retail-bags-report); and
60 WHEREAS, Florida Statute Section 403.7033, however, commands that"[u]ntil such time
61 that the Legislature adopts the recommendations of the department, no local government, local
62 governmental agency, or state government agency may enact any rule, regulation, or ordinance
FILE NO. 19-243 2 RESO NO. 2019-047
63 regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers,
64 wrappings, or disposable plastic bags."; and
65 WHEREAS, since the 2010 FDEP report the Florida Legislature has taken no action as
66 recommended by FDEP and has not adopted the FDEP study; and
67 WHEREAS, in 2019, a proposed bill to repeal the preemption on any local efforts to pass
68 any regulation or ordinance on single-use plastic bags failed to pass a single committee of the
69 Florida Legislature (https:l/www.flsenate.gov/SessionIBil1/2019/00088); and
70 WHEREAS, a Circuit Court in and for the 11th Judicial Circuit has found that the
71 preemption in Florida Statutes Section 403.7033 is unconstitutional and upheld the City of Coral
72 Gables' regulation of single-use plastic bags (https://resource-recycling.com/plastics/wp-
73 content/uploads/sites/4/2017/05/Feb.27-Cora(Gables-decision.pdf); and
74 WHEREAS, according to publicly available sources, three states have passed regulations
75 intended to reduce single-use plastic and paper bags (Hawaii, California and New York); and
76 WHEREAS, it is reported that at least 345 municipalities in 25 states have adopted bans
77 and/or fees on single-use plastic and paper bags
78 (http://publicfiles.surfrider.org/Plastics/Plastic Bag Law Activist Toolkit 2019.pdf); and
79 WHEREAS, it was reported that 32 countries have in place some sort of regulation
80 intended to reduce the proliferation of single-use plastic bags, through outright ban or otherwise
81 (https:/lwww.reusethisbaq.comlarticles/where-are-plastic-bags-banned-around-the-world); and
82 WHEREAS, Florida Governor Ron DeSantis recently stated, in his veto of legislation
83 which would prohibit local jurisdictions from banning single-use plastic straws:
84 a. "These measures have not, as far as I can tell, frustrated any state policy or
85 harmed the state's interests. In fact, the Florida Department of Environmental
86 Protection has encouraged Florida residents, schools and businesses to reduce
87 plastic straw use."; and
88 b. In a brief but very powerful reminder of the fundamental philosophical
89 foundations of local democracy, the Governor concluded: "Under these
90 circumstances, the State should simply allow local communities to address this
91 issue through the political process. Citizens who oppose plastic straw ordinances
FILE NO. 19-243 3 RESO NO. 2019-047
92 can seek recourse by electing people who share their views."
93 (https://www.flgov.com/wp-content/uploads/2019/05/05.103.pdf); and
94 WHEREAS, if the State does not act to regulate the proliferation of single-use shopping
95 bags and take comprehensive and meaningful actions to reduce the negative impact on our
96 environment, municipalities and counties should be permitted to work together to enact
97 regulations governing the proliferation of single-use plastic checkout bags; and
98 WHEREAS, the City believes all residents and businesses can work cooperatively and
99 play a meaningful role to reduce the proliferation of single-use plastic bags by reducing the
100 reliance on single-use plastic bags through the use of reusable shopping bags and can reduce
101 the negative impact of single-use plastic bags on our environment by properly disposing the bags.
102 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
103 OF THE CITY OF HALLANDALE BEACH, FLORIDA:
104
105 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
106 being true and correct and are incorporated herein by this reference.
107 • Section 2. The City Commission of the City of Hallandale Beach, Florida is committed
108 to the long-term goal of reducing the harms of plastic pollution on our fragile environment and
109 committed to ensuring a thriving, attractive and safe environment for current and future residents
110 and tourists.
111 Section 3. The City Commission urges the Florida Legislature and Governor to take
112 comprehensive and meaningful action to reduce and mitigate the proliferation of single-use plastic
113 bags and the negative impact on our environment.
114 Section 4. The City Commission urges the Florida Legislature to adopt the findings of the
115 February 1, 2010 Florida Department of Environmental Protection titled Retail Bags Report to
116 Legislature.
117 Section 5. If the Florida Legislature will not take action on the proliferation of single-use
118 plastic bags, the City Commission opposes continued preemption of local efforts to address both
119 use and disposal of single-use plastic bags.
120 Section 6. The City Commission supports initiatives by local municipalities to lessen the
121 negative impact of single-use plastic bags on our environment, including promotion of reusable
122 shopping bags as the best alternative to single-use plastic bags.
123 Section 7. The City Commission further directs the City Clerk to transmit a copy of this
124 Resolution to all appropriate parties.
FILE NO. 19-243 4 RESO NO. 2019-047
125 Section 8. All Resolutions or parts of Resolutions in conflict herewith, be and the same
126 are repealed to the extent of such conflict.
127 Section 9. If any section, sentence, clause or phrase of this Resolution is held to be
128 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
129 affect the validity of the remaining portions of this Resolution.
130 Section 10. Effective Date. This Resolution shall be effective immediately upon its
131 passage.
132 PASSED AND ADOPTED this ° DAY of , 2019.
133 . ,.4
134 JOY D.'A;t f S
135 MAYOR ,/
136
137 SPONSORED BY: COMMISSIONER MICHELLE LAZAROW
138
139 A t :
140
141 '
142 •1
143 JENO' N GUILLEN,CMC
144 CITY CLERK
145
146 APP4 ED AS TO LEGAL SUFFICIENCY AND
147 FOR
148
149
150 e d
151 JE I"ER MERINO
152 C Y A TORNEY
153
FINAL VOTE ON ADOPTION
Mayor Adams Yes
Vice Mayor Javellana Yes
Commissioner Butler Yes
Commissioner Lazarow Yes
Commissioner Lima-Taub Yes
154
FILE NO. 19-243 5 RESO NO. 2019-047