2017-29918 ResolutionRESOLUTION NO. 2017 .. 29918
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ATTORNEY TO SEEK LEAVE OF COURT TO APPEAR AS
AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OF THE
CITY OF CORAL GABLES IN lHE CASE OF FLORIDA RETAIL
FEDERATION, INC. v. CITY OF CORAL GABLES (FLA. 3D
DCA CASE NO. 3D17-562), WHICH CASE CHALLENGES THE
CORAL GABLES POLYSTYRENE ORDINANCE, AND IN ANY
SUBSEQUENT APPEALS THEREFROM.
WHEREAS, on July 18, 2016, Plaintiffs Florida Retail Federation, Inc. and Super
Progreso Inc. filed a complaint in Miami-Dade County Circuit Court against the City of Coral
Gables, challenging Coral Gables Ordinance No. 2016-08 (the "Polystyrene Ordinance"), and
seeking a declaratory judgment and injunctive relief; and
WHEREAS, the Plaintiffs argued that the Polystyrene Ordinance not only violated State
statutory provisions regarding polystyrene regulations, but also violated several other Florida
Statutes, including Section 403. 7033, which addresses disposable plastic bags; and
WHEREAS, after reviewing the parties' cross-motions for summary judgment, the Circuit
Court entered an order granting the City of Coral Gables's motion for summary judgment, which
order upheld the Polystyrene Ordinance; and
WHEREAS, the Plaintiffs and the State of Florida, as an intervenor, have appealed the
Circuit Court ruling to the Third District Court of Appeal (Case No. 3D17-562), where that appeal
is currently pending; and
WHEREAS, the Mayor and City Commission desire that the City seek leave of court to
appear as amicus curiae ("friend of the court") and file a brief in support of the City of Coral
Gables in defense of its Polystyrene Ordinance.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Attorney to seek leave of court to appear as amicus curiae
and file a brief in support of the City of Coral Gables in the case of Florida Retail Federation,
Inc. v. City of Coral Gables (Fla. 3d DCA Case No. 3D17-562), which case challenges the Coral
Gables Polystyrene Ordinance, and in any subsequent appeals therefrom.
PASSED AND ADOPTED this o?? day of ~·~fl_ll.'--7/yl'---
J'
ATTEST:
ZJl.&bfn
Rafael E. Granado
City Clerk
Philip Levine
Mayor
F:\A TTO\KALN\RESOLUTIONS\Amicus brief -Coral Gables Polystyrene case.docx
APPROVED AS TO
FORM & LANGUAGE 3 XlhE10
7 ~, (-\ <7
City Attorney \ \ Date .. .t--JY-
Resolutions • C7 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: July 26, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY TO SEEK LEAVE
OF COURT TO APPEAR AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT
OF THE CITY OF CORAL GABLES IN THE CASE OF FLORIDA RETAIL
FEDERATION, INC.
v. CITY OF CORAL GABLES (FLA. 3D DCA, CASE NO. 3D17-
562), WHICH CASE CHALLENGES THE CORAL GABLES POLYSTYRENE
ORDINANCE, AND IN ANY SUBSEQUENT APPEALS THEREFROM.
ANALYSIS
See memorandum attached.
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
l;'.J Memorandum
l;'.J Resolution
Page 680 of 2495
MIAMIS ACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY
To:
cc:
From:
Date:
Subject:
Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
COMMISSION MEMORANDUM
Rafael Granado, City Clerk
Raul J. Aguila, City Attorney{V, ~~/
July 26, 2017 ''(f"
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TME
CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY
TO SEEK LEAVE OF COURT TO APPEAR AS AMICUS CURIAE AND
FILE A BRIEF IN SUPPORT OF THE CITY OF CORAL GABLES IN
THE CASE OF FLORIDA RETAIL FEDERATION, INC, v. CITY OF
CORAL GABLES (FLA. 30 DCA CASE NO. 3017·662), WHICH CASE
CHALLENGES THE CORAL GABLES POLYSTYRENE ORDINANCE,
AND IN ANY SUBSEQUENT APPEALS THEREFROM.
on February 9, 2016, the City of Coral Gables adopted Ordinance No. 2016-08, prohibiting the
sale and use of expanded polystyrene by City vendors and contractors, special event
permittees, food service providers, and stores (the "Polystyrene Ordinance").
On July 18, 2016, Plaintiffs Florida Retail Federation, Inc. and Super Progreso Inc. filed a
complaint in the Miami-Dade County Circuit Court against the City of Coral Gables, challenging
the Coral Gables Polystyrene Ordinance, and seeking a declaratory judgment and injunctive
relief. The Plaintiffs argued that the Polystyrene Ordinance not only violated State statutory
provisions regarding polystyrene regulations, but also violated several other Florida Statutes,
Including Section 403.7033, which addresses disposable plastic bags.
After reviewing the parties' cross-motions for summary judgment, the Circuit Court entered an
order granting the City of Coral Gables's motion for summary judgment, which order upheld the
Coral Gables Polystyrene Ordinance. The Plaintiffs and the State of Florida, as an intervenor,
have appealed the Circuit Court ruling to the Third District Court of Appeal (Case No, 3017-
662), where that appeal is currently pending.
As this litigation could implicate the City's environmental policies and home rule authority, I
hereby request the City Commission's direction to seek leave of court to appear as amicus
curiae (friend of the court) and file a brief in support of the City of Coral Gables in the Third
District Court of Appeal and in any subsequent appeals therefrom.
Page 681 of 2495