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Resolution 2019-30968 RESOLUTION NO. 2019-30968 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REPEAL SECTIONS 403.708, 403.7033, AND 500.90 OF THE FLORIDA STATUTES, AND REJECT ANY OTHER STATUTES THAT INHIBIT A LOCAL GOVERNMENT'S ABILITY TO REGULATE EXPANDED POLYSTYRENE OR SINGLE-USE PLASTIC BAGS; REQUESTING THE SUPPORT OF GOVERNOR RON DESANTIS IN THOSE EFFORTS; AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE COMMISSION OF MIAMI-DADE COUNTY, FLORIDA LEAGUE OF CITIES, INC., GOVERNOR RON DESANTIS, AND TO ALL MEMBERS OF THE SOUTH FLORIDA LEGISLATIVE DELEGATION. WHEREAS, expanded polystyrene, a petroleum by-product commonly known as Styrofoam, is neither readily recyclable nor biodegradable and can take thousands of years to degrade in the environment; and WHEREAS, products made from expanded polystyrene have little value, are not accepted in single stream recycling facilities, and cause serious harm and death to wildlife; and WHEREAS, acknowledging the significant harmful effects of expanded polystyrene on the environment and finding the regulation of expanded polystyrene necessary for the preservation of our environment and the public health, safety, and welfare of City of Miami Beach residents and visitors, the City began the process of regulating this product in 2014; and WHEREAS, on July 23, 2014, to address significant environmental concerns related to polystyrene, and consistent with the Home Rule powers guaranteed to the City by the Miami-Dade Home Rule Charter and the Florida Constitution, the City Commission adopted Ordinance 2014-3884, which prohibited: (1) city vendors/contractors from, selling or using expanded polystyrene within the City or in completing their duties under contract with the City, (2) special event permittees from using expanded polystyrene articles during events, (3) sidewalk cafes from using expanded polystyrene articles on the public-right- of-way, and (4) the public from using expanded polystyrene products in City parks; and WHEREAS, on September 2, 2015, the City adopted Ordinance No. 2015-3962, which generally prohibited the sale or use of expanded polystyrene food service articles by food service providers and stores in the City; and WHEREAS, the City was not alone in its efforts to regulate polystyrene products - on December 8, 2015, the City of Coral Gables("Coral Gables") adopted Ordinance 2016- 08, which prohibited: (1) city vendors/contractors from, selling or using expanded polystyrene within Coral Gables or in completing their duties under contract with the city, (2) special event permittees from using expanded polystyrene articles during events, and (3) generally prohibits the sale or use of expanded polystyrene by businesses in Coral Gables; and WHEREAS, on July 18, 2016, the Florida Retail Federation, Inc. and Super Progresso, Inc. ("Plaintiffs") sued Coral Gables for declaratory judgment and injunctive relief, seeking a declaration that its Ordinance 2016-08 was invalid as preempted by Section 500.90, F.S; and WHEREAS, Coral Gables prevailed in the suit, and on February 27, 2017, Judge Cueto of the Eleventh Judicial Circuit found that Section 500.90, F.S., Sections 403.708(9) and 403.7033, F.S. were unconstitutional and thus unenforceable against the City of Coral Gables; and WHEREAS, as a result of the Court's ruling on Sections 403.708(9) and 403.7033 (finding the preemption of single-use plastic bags unconstitutional), Coral Gables adopted Ordinance 2017-13 to combat the harmful environmental effects of single use plastic bags; and WHEREAS, like polystyrene, single-use plastic bags are detrimental because they do not fully degrade and create the potential for death of land and marine animals through entanglement and ingestion; and WHEREAS, on March 10, 2017, Plaintiffs appealed the Circuit Court's order and on March 13, 2017, the State of Florida joined Plaintiffs in the appeal; and WHEREAS, nearly 2. 1/2 years later, after successful enforcement of the City's ordinances with the support of both residents and the business community, the Third District Court of Appeal found that the trial court erred in concluding that the three statutes are unconstitutional and reversed the lower court's ruling on August 14, 2019; and WHEREAS, despite the appellate court's ruling, Miami Beach, along with the City of Coral Gables and several other municipalities, remains wholly committed to protecting the environment and Home Rule, and urges the Florida Legislature to eliminate Sections 403.708, 403.7033, and 500.90 of the Florida Statutes and any other preemption statutes that inhibit a local government's ability to regulate expanded polystyrene and/or plastic bags; and WHEREAS, the City also requests the support of Governor Ron DeSantis, who has demonstrated respect for both the environment and Home Rule through his recent veto of HB 771, wherein the Legislature attempted to preempt local regulations on single- use plastic straws; and WHEREAS, in his letter to Secretary of State, Laurel M. Lee, withholding his approval and vetoing HB 771, Governor DeSantis said "[a] number of Florida municipalities, including Sanibel, Ft. Meyers Beach and Miami Beach, have enacted ordinances prohibiting single-use plastic straws. These measures have not, as far as I can tell, frustrated any state policy or harmed the state's interest. In fact, the Florida Department of Environmental Protection has encouraged Florida residents, schools and businesses to reduce plastic straw use. 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;" and WHEREAS, the local regulation of expanded polystyrene and plastic bags is as important and necessary as the regulation of plastic straws and the City of Miami Beach asks Governor DeSantis to support Home Rule and local efforts to regulate expanded polystyrene and single-use plastic bags. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge the Florida Legislature to repeal Sections 403.708, 403.7033, and 500.90 of the Florida Statutes, and reject any other statutes that inhibit a local government's ability to regulate expanded polystyrene or single-use plastic bags; request the support of Governor Ron DeSanctis in those efforts; and direct the City Clerk to send a copy of this Resolution to the members of the Miami-Dade County Commission, Florida League of Cities, Inc., Governor Ron DeSantis, and to all members of the South Florida Legislative Delegation. PASSED AND ADOPTED this /1 day of 57/9/6064%.,2e -,-.- ATTEST: =-ATTEST: Dan Gelber, Mayor 7, q 1tell% Rafa I E. anado, ity Clerk (Sponsored by Mayor Dan Gelber) , 4"•, L7���1. I . x * [ 1* INCORP ORATED: ] t-dY4r-,.'''••••-•...",:; NF),,-":" APPROVED AS TO FORM & LANGUAGE FOR XECUTION 61105 0eL ei 5 ( ? CRY Attorney D to Resolutions-C7 AE i .IA1\.4IB.EAH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: September 11, 2019 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REPEAL SECTIONS 403.708, 403.7033, AND 500.90 OF THE FLORIDA STATUTES, AND REJECT ANY OTHER STATUTES THAT INHIBIT A LOCAL GOVERNMENT'S ABILITY TO REGULATE EXPANDED POLYSTYRENE OR SINGLE-USE PLASTIC BAGS; REQUESTING THE SUPPORT OF GOVERNOR RON DESANTIS IN THOSE EFFORTS;AND DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE COMMISSION OF MIAMI-DADE COUNTY, FLORIDA LEAGUE OF CITIES, INC., GOVERNOR RON DESANTIS, AND TO ALL MEMBERS OF THE SOUTH FLORIDA LEGISLATIVE DELEGATION. RECOMMENDATION Pursuant to the request of Mayor Dan Gelber, the above-referenced Resolution is submitted for consideration by the City Commission at the September 11,2019 Commission meeting. Applicable Area Not Applicable Is this aResidentRight to Does this item utilize G.O. Know item? Bond Funds? No No Legislative Tracking Office of the City Attorney Sponsor Mayor Dan Gelber ATTACHMENTS: Description o Resolution