LTC 348-2019 CITY OF DANIA BEACH RESOLUTION NO. 2019-057 MIAMI BEACH
OFFICE OF THE CITY CLERK
No. 348-2019
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk
DATE: June 18, 2019
SUBJECT: CITY OF DANIA BEACH RESOLUTION NO. 2019-057
Attached for your information is Resolution No. 2018-057, adopted by the Mayor and City
Commission of City of Dania Beach on June 11, 2019.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
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 THE ENVIRONMENT;
PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
The City of Dania Beach 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\Dania Beach\Resolution 2019-057 City of Dania Beach.docx
RESOLUTION NO.2019-057
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
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 THE ENVIRONMENT;
PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach is diligent in its efforts to preserve its beautiful
environment, including its ocean, waterways, Everglades and land in between, which is so vital
to the regional economy and the State of Florida; and
WHEREAS, it is well understood that plastic bags are detrimental to the environment
because they do not fully degrade in the oceans or land environment and introduce unsafe
chemicals into the environment; and
WHEREAS, plastic bags create the potential for death of marine animals through
entanglement and ingestion,as well as the potential for poisoning through the ingestion of micro-
plastics,which are the product of the partial degradation of the plastic bags; and
WHEREAS,the expansive usage of single-use shopping bags and their low disposal and
recycling rates creates an impediment to the City's waste reduction and recycling goals while
creating unsightly litter and pollution; and
WHEREAS, single-use plastic bags are difficult to recycle and frequently contaminate
material that is processed through the City's curbside recycling program; and
WHEREAS,reusable bags are considered to be the best option to reduce waste and litter,
protect wildlife and conserve resources;and
WHEREAS, the City of Dania Beach applauds those businesses and residents who have
taken affirmative and proactive steps towards the goal of reducing single-use plastic bags in the
distribution chain and environment;and
WHEREAS, the Florida Legislature passed a law in 2008 which stated"[t]he Legislature
finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida's
ecology and economy" (Fla. Stat. Section 403.7033); and
WHEREAS, the Florida Legislature, through the enactment of Florida Statutes Section
403.7033, directed that "the Department of Environmental Protection shall undertake an analysis
of the need for new or different regulation of auxiliary containers, wrappings, or disposable
plastic bags used by consumers to carry products from retail establishments. The analysis shall
include input from state and local government agencies, stakeholders, private businesses, and
citizens, and shall evaluate the efficacy and necessity of both statewide and local regulation of
these materials. To ensure consistent and effective implementation, the Department shall submit
a report with conclusions and recommendations to the Legislature no later than February 1,
2010."; and
WHEREAS, the Florida Department of Environmental Protection ("FDEP") issued and
transmitted a report on February 1, 2010, titled Retail Bags Report to Legislature, which outlined
"how improperly discarded plastic bags can affect wildlife, marine life, landfill operation and
flood control systems and explores the various approaches that other states and countries have
taken to address this issue. Included in the report is a wide-ranging set of options for decreasing
the number of bags being used as well as increasing the number of bags being recycled"
(https://floridadep.gov/waste/waste-reduction/content/retail-bags-report); and
WHEREAS, the FDEP's 2010 report concluded "there are ways to reduce our
dependency on these bags and to properly reuse or dispose of them" and recommended"that the
Legislature review the available options and take action to discourage the use of single-use paper
and plastic retail bags and encourage the use of reusable retail bags."
(https://floridadep.gov/waste/waste-reduction/content/retail-bags-report); and
WHEREAS, Florida Statute Section 403.7033, however, commands that "[u]ntil such
time that the Legislature adopts the recommendations of the department, no local government,
local governmental agency, or state government agency may enact any rule, regulation, or
ordinance regarding use, disposition, sale, prohibition, restriction, or tax of such auxiliary
containers,wrappings, or disposable plastic bags."; and
WHEREAS, since the 2010 FDEP report the Florida Legislature has taken no action as
recommended by FDEP and has not adopted the FDEP study; and
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WHEREAS, in 2019, a proposed bill to repeal the preemption on any local efforts to
pass any regulation or ordinance on single-use plastic bags failed to pass a single committee of
the Florida Legislature(https://www.flsenate.gov/Session/Bill/2019/00088); and
WHEREAS, a Circuit Court in and for the 1 Judicial Circuit has found that the
preemption in Florida Statutes Section 403.7033 is unconstitutional and upheld the City of Coral
Gables' regulation of single-use plastic bags (https://resource-recycling.com/plastics/wp-
content/uploads/sites/4/2017/05/Feb.27-CoralGables-decision.pdf); and
WHEREAS, according to publicly available sources,three states have passed regulations
intended to reduce single-use plastic and paper bags (Hawaii, California and New York); and
WHEREAS, it is reported that at least 345 municipalities in 25 states have adopted bans,
fees, or both on single-use plastic and paper bags
(http://publicfiles.surfrider.org/Plastics/Plastic Bag_Law_ActivistToolkit 2019.pdf); and
WHEREAS, it was reported that 32 countries have in place some sort of regulation
intended to reduce the proliferation of single-use plastic bags, through outright ban or otherwise
(https://www.reusethisbag.com/articles/where-are-plastic-bags-banned-around-the-world); and
WHEREAS, Florida Governor Ron DeSantis recently stated, in his veto of legislation
which would prohibit local jurisdictions from banning single-use plastic straws:
a. "These measures have not, as far as I can tell, frustrated any state policy or
harmed the state's interests. In fact, the Florida Department of Environmental
Protection has encouraged Florida residents, schools and businesses to reduce
plastic straw use."; and
b. In a brief but very powerful reminder of the fundamental philosophical
foundations of local democracy, the Governor concluded: "Under these
circumstances, the State should simply allow local communities to address this
issue through the political process. Citizens who oppose plastic straw ordinances
can seek recourse by electing people who share their views."
(https://www.flgov.com/wp-content/uploads/2019/05/05.103.pdf); and
WHEREAS, if the State does not act to regulate the proliferation of single-use shopping
bags and take comprehensive and meaningful actions to reduce the negative impact on the
environment, municipalities and counties should be permitted to work together to enact
regulations governing the proliferation of single-use plastic checkout bags; and
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WHEREAS, the City of Dania Beach believes all residents and businesses can work
cooperatively and play a meaningful role to reduce the proliferation of single-use plastic bags by
reducing the reliance on single-use plastic bags through the use of reusable shopping bags and
can reduce the negative impact of single-use plastic bags on the environment by properly
disposing the bags;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct and they are made a part of and are incorporated into this Resolution by this
reference.
Section 2. That the City Commission of the City of Dania Beach, Florida is
committed to the long-term goal of reducing the harms of plastic pollution on our fragile
environment and committed to ensuring a thriving, attractive and safe environment for current
and future residents and tourists.
Section 3. That the City Commission of the City of Dania Beach, Florida urges the
Florida Legislature and Governor to take comprehensive and meaningful action to reduce and
mitigate the proliferation of single-use plastic bags and the negative impact on the environment.
Section 4. That the City Commission of the City of Dania Beach, Florida urges the
Florida Legislature to adopt the findings of the February 1, 2010 Florida Department of
Environmental Protection titled Retail Bags Report to Legislature.
Section 5. That if the Florida Legislature will not take action on the proliferation of
single-use plastic bags, the City Commission of the City of Dania Beach, Florida opposes
continued preemption of local efforts to address both use and disposal of single-use plastic bags.
Section 6. That the City Commission of the City of Dania Beach, Florida supports
initiatives by local municipalities to lessen the negative impact of single-use plastic bags on the
environment, including promotion of reusable shopping bags as the best alternative to single-use
plastic bags.
Section 7. That the City Commission further directs the City Clerk to transmit a copy
of this Resolution to the Broward County Board of County Commissioners, Broward League of
Cities,the Florida League of Cities, the Broward County Legislative Delegation,the Palm Beach
4 RESOLUTION#2019-057
County League of Cities, the Miami-Dade County League of Cities, the National League of
Cities,the U.S. Congressional Legislative Delegation for Florida and any other interested parties.
Section 8. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 9. That if any section, sentence, clause or phrase of this Resolution is held to
be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in
no way affect the validity of the remaining portions of this Resolution.
Section 10. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on June 11,2019.
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THOMAS SCHNEIDER CMC L Q RT Ly L' 1-
CITY CLERK �, MAYOR
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APPROVED AS TO 11RM AND CORRECTNESS:
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THOMAS J. AN : `O
CITY ATTORNEY
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